What is the effect of the facts of the crime and the political history of the case?
California, United States of America
The following excerpt is from Caudillo, In re, 164 Cal.Rptr. 692, 26 Cal.3d 623, 610 P.2d 1021 (Cal. 1980):
The details of the crime and the political history must be subordinated so that they do not in themselves influence a result here which creates a precedent that may some day be applied unjustly to someone else. (See dissenting opinion of then Judge now Mr. Justice Stevens in United States v. Barrett (7th Cir. 1974) 505 F.2d 1091, 1114-1115.) We (should) go where the facts and law ( ) lead us.
Conviction and Original Sentence
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the law on unanimity in a criminal case where the evidence of a crime is only a single crime but the evidence supports the theory of the crime? (California, United States of America)
What is the effect of having out-of-court statements excluded from the facts of a criminal case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Does Section 28(d) of the California Criminal Code apply in cases where the charged crime was committed after Proposition 8's effective date? (California, United States of America)
Is there any case law in which a prosecutor has been found to have gone beyond the facts in their argument to the jury in a sexual assault case? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
What are some cases where a defendant has been found complicit in murder who was not complicit in the crime at the time of the crime? (California, United States of America)
