Monday, September 13, 2004

Monday News

The North County Times in California has an article discussing Blakely's impact on California 's sentencing regime. The article describes the California system as follows:

California state law specifies a lower-, middle- and upper-term sentence for many crimes, including voluntary manslaughter, gross vehicular manslaughter, rape, and assault with a deadly weapon.

However, a judge is required to impose the middle-term sentence unless he or she finds that circumstances against the defendant (known as aggravating factors) justify the upper term, or circumstances in favor of the defendant (known as mitigating factors) warrant a lower term.

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