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Nevada Co D-A Opposes Judge Discretion Bill

An Assembly bill designed to further reduce the use of California’s already-suspended death penalty is opposed by prosecutors. The measure, sponsored by the Public Defenders Association, would, once again, allow a judge to dismiss a special circumstances or enhancement finding that currently requires someone to be sentenced to life in prison without parole or the death penalty. But Nevada County District Attorney Cliff Newell calls it a very poorly thought-out erosion of the state’s sentencing laws…

click to listen to Cliff Newell

The bill’s author, Assemblymember Marc Levine, says there should be exceptions to such a sentencing mandate, including for youthful offenders or people who have significantly matured and been rehabilitated, or are suffering from a fatal illness. But Newell says justice would be applied less consistently if a judge’s discretionary powers were restored…

click to listen to Cliff Newell

Earlier this year, Levine also introduced a constitutional amendment that would permanently end the death penalty, which was suspended by Governor Newsom. The proposals will be considered by the Assembly later this spring.

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