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Supreme Court Strikes Down California Sentencing law

Posted on 01/22/2007 7:08:59 AM PST by Lunatic Fringe

WASHINGTON (AP) The Supreme Court has struck down California's prison sentencing law.

Just a breaking news pop-up, link to come soon.


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1 posted on 01/22/2007 7:09:01 AM PST by Lunatic Fringe
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To: Lunatic Fringe

Uh.... any particular sentencing law in particular? Or has the supreme court said California can't sentence anyone for anything?

Come on posters... post something meaningful, with some context or don't post at all.


2 posted on 01/22/2007 7:10:23 AM PST by HamiltonJay
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To: HamiltonJay

Reading is fundamental...

"Just a breaking news pop-up, link to come soon."


3 posted on 01/22/2007 7:10:59 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: HamiltonJay
Just a breaking news pop-up, link to come soon.

:)

4 posted on 01/22/2007 7:11:33 AM PST by Constitution Day ("Facts do not cease to exist because they are ignored." — Aldous Huxley)
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WASHINGTON - The Supreme Court struck down California's sentencing law Monday, a decision that could mean shorter sentences for thousands of state prisoners.

http://news.yahoo.com/s/ap/20070122/ap_on_go_su_co/scotus_sentences_1


5 posted on 01/22/2007 7:11:46 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: Lunatic Fringe

Ahh, ya beat me. LOL


6 posted on 01/22/2007 7:11:47 AM PST by Constitution Day ("Facts do not cease to exist because they are ignored." — Aldous Huxley)
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To: Lunatic Fringe

Wonderful. The crime rate will increase. Career criminals need to stay behind bars.


7 posted on 01/22/2007 7:13:04 AM PST by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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To: Lunatic Fringe

You don't need a link to post a comment.

If somethings happened and link isn't avaialble, poster can still post a comment about the context, if not willing, wait until a link exists to post.


8 posted on 01/22/2007 7:13:29 AM PST by HamiltonJay
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To: Lunatic Fringe

Oh and for the record, that link, was insanely useful, thanks... I now know the law and context that was struck down.... really.

Man... no wonder the news is an abject joke anymore.


9 posted on 01/22/2007 7:14:41 AM PST by HamiltonJay
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To: All

This decision is consistent with recent SCOTUS precedent. That SCOTUS precedent has included Thomas and Scalia in the majority, so I won't be surprised if they're in the majority in this one, too.


10 posted on 01/22/2007 7:14:56 AM PST by NinoFan
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To: Lunatic Fringe

Three strikes?


11 posted on 01/22/2007 7:15:25 AM PST by steveo (ADVERTISEMENT)
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To: HamiltonJay

Sounds like someone has a case of the Mondays!


12 posted on 01/22/2007 7:16:44 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: steveo

Three Strikes is the first thing that comes to mind, unless there is something else in the sentencing laws that the Court doesn't like. It will be interesting to see just what was struck down.


13 posted on 01/22/2007 7:18:10 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: Admin Moderator

Update, please:

WASHINGTON - The Supreme Court struck down California's sentencing law Monday, a decision that could mean shorter sentences for thousands of state prisoners.

The 6-3 ruling in Cunningham v. California effectively shaves four years off the 16-year sentence of a former police officer who was convicted of sexually abusing his son.

It's the latest in a series of high court rulings over the past seven years that limits judges' discretion in sentencing defendants. The court has held repeatedly that a judge may not increase a defendant's sentence based on factors that were not determined by a jury.

http://news.yahoo.com/s/ap/20070122/ap_on_go_su_co/scotus_sentences_2


14 posted on 01/22/2007 7:18:12 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: Lunatic Fringe
Well, that was informative. LOL!
15 posted on 01/22/2007 7:18:57 AM PST by NRA2BFree
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To: Enterprise

Looks like the ruling limits a judge's discretion in sentencing based on factors not considered by the jury.


16 posted on 01/22/2007 7:19:04 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: Enterprise

No, the Court upheld Three Strikes from a cruel and unusual challenge several terms ago. This is about the sentencing itself. The whole judge vs. jury issue.


17 posted on 01/22/2007 7:19:17 AM PST by NinoFan
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To: Lunatic Fringe

See, now was that so hard?


18 posted on 01/22/2007 7:19:24 AM PST by HamiltonJay
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To: HamiltonJay

Dude, relax... I posted the info as soon at it was available. If you notice the link is the same as before, just now with updated info.


19 posted on 01/22/2007 7:21:48 AM PST by Lunatic Fringe (Say "NO" to the Trans-Texas Corridor)
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To: NinoFan; Lunatic Fringe

OK.


20 posted on 01/22/2007 7:23:50 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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