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NCJ Number: 51016 Find in a Library
Title: PEOPLE V OLIVAS - EQUALIZING THE SENTENCING OF YOUTHFUL OFFENDERS WITH ADULT MAXIMUMS
Journal: PEPPERDINE LAW REVIEW  Volume:4  Issue:2  Dated:(1977)  Pages:389-407
Author(s): W E HARRIS
Corporate Author: Pepperdine University
School of Law
United States of America
Date Published: 1977
Page Count: 19
Sponsoring Agency: Pepperdine University
Los Angeles, CA 90044
Format: Article
Language: English
Country: United States of America
Annotation: A CALIFORNIA SUPREME COURT CASE IS CITED IN WHICH IT WAS RULED THAT YOUTHFUL OFFENDERS CONVICTED OF A MISDEMEANOR CANNOT BE SENTENCED OR COMMITTED TO A YOUTH INSTITUTION FOR LONGER THAN ADULTS FOR SIMILAR OFFENSES.
Abstract: IN THE LANDMARK DECISION, PEOPLE V. OLIVAS, THE COURT HELD THAT COMMITMENT OF A PERSON CONVICTED OF A MISDEMEANOR TO THE CALIFORNIA YOUTH AUTHORITY FOR A PERIOD IN EXCESS OF THE MAXIMUM COUNTY JAIL SENTENCE THAT CAN BE IMPOSED FOR THE SAME OFFENSE WAS UNCONSTITUTIONAL. IT HELD SUCH COMMITMENTS TO BE IN VIOLATION OF THE EQUAL PROTECTION CLAUSE OF THE CALIFORNIA CONSTITUTION AND IN VIOLATION OF THE 14TH AMENDMENT OF THE U.S. CONSTITUTION. IN REACHING THE DECISION, THE COURT STATED THAT PERSONAL LIBERTY IS A FUNDAMENTAL INTEREST IN YOUTHFUL OFFENDER SENTENCING AND, ACCORDINGLY, IT APPLIED THE STRICT SCRUTINY TEST IN REVIEWING THE LAW. AT THE TIME OF JUDGMENT, OLIVAS FACED THE POSSIBILITY OF INCARCERATION IN A YOUTH AUTHORITY INSTITUTION FOR MORE THAN 3 YEARS. IF THE JUDGE HAD CHOSEN TO SENTENCE OLIVAS TO A TERM OF 6 MONTHS IN THE COUNTY JAIL, HE WOULD HAVE FACED A MAXIMUM CONFINEMENT TERM OF ONLY 90 DAYS BECAUSE THE 90 DAYS HE HAD ALREADY SPENT IN CUSTODY AWAITING TRIAL WOULD HAVE BEEN CREDITED TO ANY JAIL SENTENCE IMPOSED. OLIVAS WAS RELEASED FROM CUSTODY AND HIS COMMITMENT TO THE YOUTH AUTHORITY WAS TERMINATED AS A RESULT OF THE DECISION. OTHER COURT CASES INVOLVING LONGER SENTENCES FOR YOUTHFUL OFFENDERS ARE NOTED, AND THE RAMIFICATIONS OF THE OLIVAS DECISION ARE DISCUSSED. (DEP)
Index Term(s): California; Judicial decisions; Misdemeanor; Sentencing/Sanctions; Youthful offenders
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51016

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