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Split California Supreme Court ruling on parole consideration

By Douglas A. Berman

As detailed in this Los Angeles Times article, the "California Supreme Court made it easier today for prison inmates to win parole over a governor's objections. In a 4-3 vote, the state high court said the brutality of a convict's crime may not be enough to justify a determination that a prisoner would be a danger to the public."  The full ruling is available at this link, and here is a key paragraph from the majority's analysis (emphasis in original):In sum, the Board or the Governor may base a denial-of-parole decision upon the circumstances of the offense, or upon other immutable facts such as an inmate?s criminal history, but some evidence will support such reliance only if those facts support the ultimate conclusion that an inmate continues to pose an unreasonable risk to public safety...continue to full post

Full post as published by Sentencing Law and Policy on August 21, 2008 (boomark / email).