ADMJ 103 Lecture Notes - Lecture 3: Sentencing Reform Act, Determinative, Sandwich Board
Document Summary
1960s most states used an indeterminate scheme that allowed judges considerable discretion and encouraged individualized sentences with possibility of early release if rehabilitative goals satisfied. Modern trend: most states have abolished indeterminate sentencing schemes in favor of determinate schemes. Federal judges must impose sentences in conformity with the federal sentencing. Guidelines: another feature of modern sentencing laws. Mandatory jury must determine if facts support charge in order to determine punishment. People v superior court (du) (ca 1991: facts: d was working at convenience store (empire liquor mart). 15 year old victim entered the store, proceeded to where juice was kept, put an orange juice in her bookbag and walked toward the counter. Victim approached counter with money in her hand and d confronted her and accused her of trying to steal the juice. Resulted in a physical confrontation (d pulled on victim"s sweater, victim resisted hitting d in eye with fists.
