CALIFORNIA’S CRIMINAL JUSTICE SYSTEM 101: Part 6

We covered the criminal trial in Part 5 of our series. If a criminal trial results in a conviction, the judge will decide the sentence after hearing recommendations from the prosecution and the defense. 

SENTENCING

At sentencing each side will present arguments to the judge as to what sentence they believe the defendant should get. 

In California, through the concept of determinate sentencing, judges have less discretion as to what sentence they can give versus a state with indeterminate sentencing. Nonetheless, the judge can consider any factors he or she deems relevant to make his or her determination including:

a) Severity of the crime

b) Prior record of the defendant if any

c) Victim impact statement

d) The weight of the evidence, including evidence that was deemed inadmissible at trial

Once the judge has heard the arguments from both sides and considered all of these different factors, they will issue a sentence. A sentence for misdemeanors can be as little as time served (take into account how much time the defendant has already spent in jail and release them) or community service where the defendant must put in time with some agency to do work that benefits the community. This could be picking up trash alongside the highway, painting a government building, or a variety of other tasks. Misdemeanors can also be time in jail for up to one year.

If convicted of a felony, however, the judge has less discretion. They must sentence the defendant according to the statutory guidelines expressly stated in the criminal code. In some circumstances, especially if both the prosecutor and the defense agree, the defendant can receive probation. With probation, the defendant can remain out of custody but has strict rules they must follow, such as finding employment, staying out of trouble and even going into drug rehab and remaining drug free. Failure to do any of these can result in the defendant being taken into custody and having to serve their entire sentence in prison.

Finally, although California presently has a moratorium on the use of the Death Penalty, a conviction for a capital crime such as murder with aggravating circumstances, can still result in a sentence of death.

APPEALS

Following a conviction, the convicted party can appeal to a higher court to review the trial court’s activities to make sure the court made no legal errors. The appellate court will only review the record of the trial, not look at new evidence. Great deference is given to the trial judge or jury because they were present at the trial. If an error is found, the appellate court will usually send the case back to the trial court to remedy the error, sometimes by granting a new trial. If the appellate court does not find any error, the convicted party can ask a higher court for review. As the case moves up the ladder its chances for a reversal become much more difficult.

CONVICTION REVIEW

Within the San Francisco DA’s office, the Innocence Commission established in September 2020 works in conjunction with the Post-Conviction Unit to identify and review potential wrongful conviction cases. The Innocence Commission creates a process through which wrongful convictions can be identified and reversed.

SENTENCING REVIEW

California Penal Code section 1170.03 allows a district attorney to recommend resentencing when a prison sentence is excessive or no longer serves the interest of justice.

In San Francisco, the Conviction Review Unit at the DA’s office is tasked with ensuring fair sentencing practices and correcting excessive sentences. This unit proactively identifies cases that warrant resentencing. A convicted party may also apply to the DA’s office for relief from their sentence. Resentencing is done through a motion brought by the DA’s office before a criminal judge.

The District Attorney’s Office considers the following factors in deciding  whether to seek resentencing:

• Positive post-conviction conduct, such as a good record of rehabilitation and few, if any, rule violations;

• Strong reentry plans;

• Input from the victim; and

• Evidence that reflects whether age, time served and diminished physical condition have reduced the inmate’s risk for future violence.

You may have heard about diversion programs and wondered how and at what point they figure into this process from arrest to conviction. San Francisco’s DA Chesa Boudin has vowed to utilize diversion programs to reduce jail custody and criminal convictions as part of an overall reform of the criminal justice system. We will tackle that in Part 7.