NCJ Number
90256
Journal
Criminal Justice Journal Volume: 5 Issue: 2 Dated: (Spring 1982) Pages: 297-323
Date Published
1982
Length
27 pages
Annotation
Although strict penalties exist for using or carrying a gun in the commission of a felony in California, the statutory framework and the judicial interpretation of that framework contain inconsistencies.
Abstract
Both the legislature and the judiciary need to take proper action to deal with these inconsistencies. The legislature should clarify certain construction problems and should eliminate the statutory inconsistencies. Some of these exist because the legislature only specified certain felonies to be subject to restrictions on probation and suspended sentences, while making all felonies subject to the sentence enhancement provisions of two of the sections of the law. The legislature could also try to create laws which would resolve judicial uncertainty on such issues as striking findings for one purpose but not for another. The Supreme Court of California should consider the clear intent of the California law in its rulings, since some rulings ignored the public policy considerations upon which these laws were based and the widespread public support for such laws. Footnotes which contain references are provided.