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Supreme Court Strikes Down California's Sentencing Law

Publication Date: 
January 22, 2007
San Francisco Chronicle
Bob Egelko

Professor Jeffrey L. Fisher commented on this story which discusses the Supreme Court decision to revise sentencing law in California.

The uniformity promoted by the 1977 law "can still be achieved. You just have to add one procedural protection for defendants,'' said Jeffrey Fisher, a Stanford law professor who filed arguments with the court on behalf of the National Association of Criminal Defense Lawyers.

To the current requirement that judges in most cases choose the middle of the three sentences and they then would have free rein without infringing on the jury's domain, Fisher countered that such a system would make sentencing less predictable.