What is the current state of the law on sentencing discretion in sentencing cases?

California, United States of America


The following excerpt is from People v. Montalvo, E044720 (Cal. App. 11/21/2008), E044720 (Cal. App. 2008):

To encourage the "careful exercise of discretion" and to decrease "the risk of error," trial courts are required to orally articulate their reasons for discretionary sentencing choices on the record. (People v. Scott (1994) 9 Cal.4th 331, 351.) "In order to encourage prompt detection and correction of error, and to reduce the number of unnecessary appellate claims, reviewing courts have required parties to raise certain issues at the time of sentencing. In such cases, lack of a timely and meaningful objection forfeits or waives the claim." (Ibid.) This forfeiture rule applies to claims involving the trial court's failure to state or give sufficient reasons for discretionary sentencing choices. (Id. at p. 353.)

Other Questions


Can a sentencing judge who did not preside over the trial and has "minimal familiarity with the case" exercise his discretion in imposing harsher individual sentencing terms than the prior sentencing judge? (California, United States of America)
Does a sentencing court have to state the reasons for its sentence choice on the record at the time of sentencing? (California, United States of America)
What is the current state of the law on concurrent sentences in criminal cases? (California, United States of America)
What is the current state of the law on sentencing discretion on remand? (California, United States of America)
What is the current state of the law on the Eighth Amendment, the "narrow proportionality principle" that applies to sentences for non-capital sentences? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on death sentences in death penalty cases? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
What is the current state of the law on mercy in sentencing cases? (California, United States of America)
What is the current state of the law on discretion of a trial court in assessing the probative value of evidence in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.