What rights does a victim's family have when a defendant is sentenced to probation for assault and assault?

California, United States of America


The following excerpt is from People v. Campbell, C073456 (Cal. App. 2015):

Section 1191.1, originally adopted by the People, in the exercise of their reserved initiative powers as one section of Proposition 8, The Victim's Bill of Rights, provides in part that the next of kin of a deceased victim has "the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express [his or her] views concerning the crime, the person responsible, and the need for restitution. The court in imposing sentence shall consider the statements of . . . next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety if granted probation." (See People v. Sewell (1989) 210 Cal.App.3d 1447, 1449-1450.)

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