How have courts treated prior criminal convictions in aggravation cases?
California, United States of America
The following excerpt is from People v. Berry, 117 Cal.App.3d 184, 172 Cal.Rptr. 756 (Cal. App. 1981):
And in People v. Hubbell (1980) 108 Cal.App.3d 253, 255-258, 166 Cal.Rptr. 466, the court specifically addressed a claim by the appellant that the sentencing court erred in considering his prior juvenile record as a circumstance in aggravation. Defendant argued that since the purpose behind the juvenile system is rehabilitation, not punishment, and since he was not afforded a jury trial in this juvenile adjudication, he was being improperly punished for acts he committed as a juvenile.
After citing the language in Cheatham quoted above, the court explained:
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