What is the test for determining whether a defendant would pose an unreasonable risk to public safety?

California, United States of America


The following excerpt is from People v. Smith, B281293 (Cal. App. 2017):

First, he takes issue with the standard the court used as a yardstick for measuring whether defendant would pose an unreasonable risk of danger to public safety. To begin, he asserts that public safety is solely concerned with whether a defendant is likely to commit violent crimes. However, the law is to the contrary. (See, e.g., People v. Nasalga (1996) 12 Cal.4th 784, 790 [noting that "'"it is in the best interest for public safety to

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enhance the penalties for the crimes of vehicle theft and receiving stolen vehicles"'"].)

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