Deputy attorneys may still argue for the dismissal of sentence enhancements, but they will have to do so individually.
Laurie Levenson, criminal law professor at Loyola Law School in L.A. and former federal prosecutor, said the ruling means that the blanket directive was “unlawful” under the California statutory scheme.
“Practically, it means that … the statutory scheme envisions that those are going to get pled in the case, and that you can argue for dismissal,” Levenson said on our newsroom's public affairs show,The ruling also came with a companion decision. Gascón’s office tried to argue that there should be “unlimited discretion for prosecutors in deciding what to charge and what to dismiss,” Levenson said. But the court disagreed.
“The same panel of judges pushed back on that and said, ‘not in our statutory scheme,’” Levenson said. “He can't issue a directive to tell his [deputy attorneys] to tell the judge to issue a dismissal and the judge must do so.”To remove sentencing enhancements going forward, Gascón must follow statutory requirements. The D.A.’s office will have to argue how enhancements aren’t good for rehabilitation individually. And a judge will ultimately decide.
“Today’s ruling maintains the District Attorney’s discretion and authority as an elected constitutional officer,” Gascón’s office said in a statement. “The court affirmed his ability to pursue his policy goals in the furtherance of justice.”“Gascón’s authority is not absolute,” Siddall said on . “He must follow the rules. While we are heartened by the Court’s ruling, we continue to be disappointed that L.A.’s chief prosecutor forced us to take him to court to stop him from breaking the law.”
Österreich Neuesten Nachrichten, Österreich Schlagzeilen
Similar News:Sie können auch ähnliche Nachrichten wie diese lesen, die wir aus anderen Nachrichtenquellen gesammelt haben.
Wanted man killed during gunfire exchange with Larimer County deputyA Larimer County deputy shot and killed a man wanted on warrants after he fired at responding officers trying to take him into custody.
Weiterlesen »
DA: Man arrested after human skull, bones found at East Germantown arboretum in 2019Officials say a 2019 missing person case has finally “come to a close” after an arrest was made in connection to human remains found in Philadelphia.
Weiterlesen »
DA: Officer justified in shooting, killing woman in Malvern, Chester CountyChester County authorities say an officer was justified in using deadly force against a woman last week month in Malvern, Pennsylvania.
Weiterlesen »
DA Gascon can’t ignore California’s ‘three-strikes’ law, appellate court saysThe California Court of Appeal has ruled that the reform-minded district attorney can no longer prohibit his prosecutors from seeking stiffer sentencing enhancements under the 1994 law.
Weiterlesen »
Watch Uvalde County DA dodge CNN reporter's questions - CNN VideoUvalde County, Texas, District Attorney Christina Busbee ignored questions from CNN's ShimonPro about the mass shooting at Robb Elementary School. Watch here:
Weiterlesen »
Malvern Police were justified in fatally shooting a woman brandishing a gun, Chester County DA saysThe officers were called to a home in the borough on May 19 after the woman left an apparent suicide note, Chester County District Attorney Deborah Ryan said Thursday.
Weiterlesen »