In what circumstances will a defendant be deemed an unreasonable risk to public safety?

California, United States of America


The following excerpt is from People v. Hamilton, F069272 (Cal. App. 2015):

In the instant case, the record shows a lengthy criminal history for defendant - including numerous convictions for armed robbery - as well as a pronounced tendency to re-offend shortly after being released from prison. The record also shows a troubling disciplinary history of violence while incarcerated. Defendant not only failed to refrain from violent behavior while incarcerated, but obtained a conviction for felony battery after he assaulted a corrections officer, and received another rules violation for battery of a corrections officer just two years after the battery conviction. Given this record, we cannot conclude the superior court's determination that defendant currently poses an unreasonable risk of danger to public safety is "so irrational or arbitrary that no reasonable person could agree with it." (People v. Carmony, supra, 33 Cal.4th at p. 377.)

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