Is a court's determination that an inmate poses an unreasonable risk of danger to public safety for an abuse of discretion?

California, United States of America


The following excerpt is from People v. Avila, F069183 (Cal. App. 2016):

We review a trial court's determination that an inmate poses an unreasonable risk of danger to public safety for an abuse of discretion. "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony (2004) 33 Cal.4th 367, 377.)

Other Questions


What is the test for an abuse of discretion when determining whether an inmate poses an unreasonable risk of danger to public safety? (California, United States of America)
Does a finding that a defendant currently poses an unreasonable risk to public safety constitute an abuse of discretion? (California, United States of America)
What factors must a court consider in determining whether a new sentence would result in an unreasonable risk of danger to public safety? (California, United States of America)
What is the test for determining whether a defendant would pose an unreasonable risk to public safety? (California, United States of America)
What is the test for determining whether a defendant would be an unreasonable risk of danger to public safety? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
In what circumstances will the court refuse to apply the term "unreasonable risk of danger to public safety" in the Penal Code? (California, United States of America)
Does Section 1001.36 of the California Mental Health Act exclude a defendant who poses an unreasonable risk of danger to public safety from eligibility for mental health diversion? (California, United States of America)
What is the test for determining whether a petitioner would pose an unreasonable risk to public safety? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.