687 users online (81 members and 606 guests)  


Websleuths News


Results 1 to 2 of 2
  1. #1
    Join Date
    Oct 2005
    Location
    East Coast USA
    Posts
    482

    A Blow To Fighting Sex Offenders

    Court has struck down motion to allow tougher sentencing.

    http://www.foxnews.com/story/0,2933,245520,00.html

  2. #2
    Join Date
    Aug 2003
    Posts
    2,868
    Quote Originally Posted by kidzndogznme
    Court has struck down motion to allow tougher sentencing.

    http://www.foxnews.com/story/0,2933,245520,00.html

    Not exactly. The Supreme Court has said that a California law that allowed judges to impose a longer sentence based on aggravating factors is unconstitutional. A jury - not the judge - has to find that the aggravating factor existed. The standard of proof has to be "beyond a reasonable doubt" rather than "preponderance of the evidence" as the California law allowed.

    So the longer sentences are still available, provided that the prosecution proves the aggravating factor(s) to the jury.

    The individual case in question was a sexual assault case but the ruling applies to all criminal cases.

    This is really just like the case that said that a judge cannot impose the death penalty. All death penalties must be imposed by a jury.



Similar Threads

  1. More than one blow to the head?
    By Chrishope in forum JonBenet Ramsey
    Replies: 16
    Last Post: 09-11-2006, 02:25 PM
  2. THE BLOW TO THE HEAD...an ACCIDENT...
    By angelwngs in forum JonBenet Ramsey
    Replies: 48
    Last Post: 08-31-2006, 07:41 PM
  3. Head Blow
    By K777angel in forum JonBenet Ramsey
    Replies: 45
    Last Post: 01-18-2004, 01:01 AM