What is the legal test to determine whether a defendant should be sent to prison rather than on probation?
California, United States of America
The following excerpt is from People v. Perez, H036037 (Cal. App. 2011):
in conformity with the legislative standard, all that is required on the appellate record is a showing that the court was aware of its discretion to select an alternate disposition." (Id. at p. 524.) On the other hand, reasons should be given for selecting imprisonment when the defendant is eligible for probation. (People v. Leung (1992) 5 Cal.App.4th 482, 506.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a defendant should be on probation rather than in prison? (California, United States of America)
What is the test for determining whether a defendant should be on probation rather than on probation? (California, United States of America)
Is a defendant entitled to a probation report from the probation officer regardless of whether he is eligible for probation? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the legal test for abuse of discretion when determining whether to reinstate probation or prison terms? (California, United States of America)
When a defendant is presumptively ineligible for probation, what is the test to determine whether the presumption against probation has been overcome? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the legal test for reinstating probation for a defendant who has breached probation but has not been sentenced to prison? (California, United States of America)
