What is the current state of the law on probation for a defendant who was found unable to control himself while he was engaged in a protest movement?

California, United States of America


The following excerpt is from Mannino, In re, 14 Cal.App.3d 953, 92 Cal.Rptr. 880 (Cal. App. 1971):

The court's motivation is clearly analogous to that found and approved in People v. King, supra. Nevertheless, the conclusion that the petitioner was unable to control himself while he was in fact engaged in a protest movement does not rationally require a curb on all thought or expression in order to discourage future criminality. The physical restraint of a prison sentence from which the petitioner was relieved would have curbed his activity, and physical association with companions of his own choosing. It could not, however, imprison his ideas or purge his mind of his beliefs. Should more be required as a condition of probation? It is only action or the threat of immediate action that could result in future criminality. People v. King, supra, goes no further.

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