Video – Criminal Defense Attorney Andrew Dósa Answers: Are Sentencing Statutes Often Changed Given Current Social Trends?
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“How often does the law adjust to the changing circumstances of the current climate?”
Andrew Dósa – Criminal Defense Attorney – Oakland, CA
“I think the law is constantly changing. Unfortunately, the change in recent years has been toward criminalizing all sorts of extra behavior.”
Ray Hrdlicka – Host – Attorneys.Media
“Where does that come from? I mean, California, traditionally is a very liberal state. And yet, you are talking about harsher penalties.”
Andrew Dósa – Criminal Defense Attorney – Oakland, CA
“Well, we may have one of the more conservative Supreme Courts in the United States. The State of California has a very conservative Supreme Court. They’re going to be much more sympathetic to the ‘tough on crime’ scenario. If there is legal precedent that allows all sorts of changes and adjustments like the Felony Murder Rule, despite the fact that it should be limited in its application, or should not be in place at all, it’s been upheld, and they will continue to uphold it.
So the legislature really has to take the lead. It’s unlikely the Supreme Court will make decisions favorable for the defendant. At the same time, a true conservative would love the Constitution, and would be a little bit more committed to a more strict construction of what the Constitution is….if they truly believe that we are Constitutional Republic relying on that document as our foundation. That is the foundation for all of our law. You would think that a conservative would be sympathetic to that but unfortunately, that is not always the case.”
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