What is the test for a defendant to claim that he has been a productive and law-abiding member of society for a long period of time?

California, United States of America

The following excerpt is from People v. Clancey, Ct.App. 6 H036501, S200158 (Cal. 2013):

Defendant relies also on In re Messerschmidt (1980) 104 Cal.App.3d 514, which (in dicta) opined it would be fundamentally unfair to "allow[] a prisoner who has established himself as a productive member of society over a long period of time to have his good work destroyed by recommitment." (Id. at p. 516.) We need not decide whether that dicta is correct (see United States v. Sanders (6th Cir. 2006) 452 F.3d 572, 577, fn. 4, 582-583 [declining to recognize such a claim under due process]; Hawkins v. Freeman (4th Cir. 1999) 195 F.3d 732, 750 [same]), because defendant has not shown that he "over a prolonged period of time, [became] a respected, productive, law-abiding member of society."

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