NCJ Number
14984
Journal
Hastings Law Journal Volume: 25 Issue: 3 Dated: (FEBRUARY 1974) Pages: 636-656
Date Published
1974
Length
21 pages
Annotation
IN RE LYNCH (1973), THE CALIFORNIA SUPREME COURT, FOR THE FIRST TIME, DECLARED A PUNISHMENT CRUEL AND UNUSUAL FOR BEING DISPROPORTIONATE TO THE OFFENSE FOR WHICH IT WAS IMPOSED.
Abstract
THIS NOTE OUTLINES THE AVENUES OF SENTENCE CHALLENGE OPENED BY THE LYNCH DECISION. EXAMINED ARE THE POINTS UPON WHICH THE OPINION WAS BASED, THE TYPES OF PENALTIES WHICH OTHER JURISDICTIONS HAVE OVERTURNED, AND THE CRITERIA WHICH THIS DECISION ESTABLISHES FOR EVALUATING SENTENCES. (THE COURT SPECIFICALLY SET DOWN THREE MAJOR TOUCHSTONES FOR EVALUATING SENTENCES - THE NATURE OF THE OFFENSE, PENALTIES IMPOSED IN THE SAME JURISDICTION FOR MORE SERIOUS OFFENSES, AND SENTENCES GIVEN FOR THE SAME CRIME IN OTHER JURISDICTIONS). THREE RELATED AREAS WHICH MIGHT BE CONSIDERED IN PLANNING AN APPEAL ARE ALSO DISCUSSED. THEY ARE THE PREROGATIVE OF THE COURTS TO REVIEW LEGISLATIVE DETERMINATIONS REGARDING SENTENCE LENGTH, JUDICIAL RECEPTIVITY TO THE ARGUMENT THAT SOME ACTS RELATED TO DRUG AND ALCOHOL ADDICTION ARE MERELY ASPECTS OF A STATUS WHICH CANNOT BE MADE CRIMINAL, AND THE IMPACT OF THE LYNCH DECISION ON HABITUAL CRIMINAL STATUTES. THE AUTHOR ALSO CITES CASE LAW WHICH INDICATES LIMITATIONS ON THE LYNCH HOLDING. (AUTHOR ABSTRACT MODIFIED)