In in re Lynch, the defendant was sentenced to life in prison for second degree indecent exposure, a punishment the defendant argued was disproportionate to his crime under the California statute prohibiting cruel and unusual punishment. This Comment examines California remedies law with a focus on correcting excessive sentences. Furthermore, this Comment explores the function, procedures, and discretion of the Adult Authority, as well as the feasibility of establishing an abuse of discretion standard for reviewing sentences. In California, there is a well established policy of judicial abstention from reviewing sentences, and thus an appeal from the determination of the sentence by the Adult Authority is usually not reviewable because of the lack of a detailed record. However, other jurisdictions have statutes allowing for appellate review of sentences. Therefore, this Article concludes by recommending possible alternatives to California policy and California sentence review by evaluating the experience of other jurisdictions on sentence review.
In Re Lynch and Beyond to Judicial Review of Sentences,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol10/iss4/4