What is the effect of Proposition 8 on the criminal justice system?

California, United States of America


The following excerpt is from People v. Olsaver, 157 Cal.App.3d 596, 204 Cal.Rptr. 479 (Cal. App. 1984):

"Each of [Proposition 8's] several facets bears a common concern, 'general object' or 'general subject,' promoting the rights of actual or potential crime victims. As explained in the initiative's preamble, the 10 sections were designed to strengthen procedural and substantive safeguards for victims in our criminal justice system. These changes were aimed at achieving more severe punishment for, and more effective deterrence of, criminal acts, protecting the public from the premature release into society of criminal offenders, providing safety from crime to a particularly vulnerable group of victims, namely school pupils and staff, and assuring restitution for the victims of criminal acts." (Brosnahan v. Brown, supra, 32 Cal.3d at p. 247, 186 Cal.Rptr. 30, 651 P.2d 274.)

Similarly, in People v. Smith (1983) 34 Cal.3d 251, 193 Cal.Rptr. 692, 667 P.2d 149 the court has affirmed that deterrence of crime is the primary purpose underlying the passage of Proposition 8.

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