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Right to Speak at Sentencing for California Criminal Defendants Struck Down

By Walin & Klarich

As amazing as it may sound the California Supreme Court ruled on July 24, 2008 that a defendant has no constitutional right to address the court at his sentencing hearing to ask for leniency. The highest court in California ruled the only thing the defendant can state at his California criminal defense sentencing hearing is whether or not the defendant feels his sentence is ?illegal?. The courts decision runs contrary to a 2004 court of appeal decision that had ruled that the defendant has a legal right to make a statement from counsel table as to his feelings about why his sentence should be mitigated. The Supreme Court stated that if the defendant wishes to make any other statement at his sentencing he must be sworn as a witness and agree to be subject to cross examination...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 13, 2008 (boomark / email).