California

Criminal Procedure

Criminal Procedure

Rule 4.410 – General objectives in sentencing

(a)General objectives of sentencing include:

(1) Protecting society;
(2) Punishing the defendant;
(3) Encouraging the defendant to lead a law-abiding life in the future and deterring him or her from future offenses;
(4) Deterring others from criminal conduct by demonstrating its consequences;
(5) Preventing the defendant from committing new crimes by isolating him or her for the period of incarceration;
(6) Securing restitution for the victims of crime;
(7) Achieving uniformity in sentencing; and
(8) Increasing public safety by reducing recidivism through community-based corrections programs and evidence-based practices.

(Subd (a) amended effective January 1, 2017; previously amended effective July 1, 2003, ad January 1, 2007.)

(b) Because in some instances these objectives may suggest inconsistent dispositions, the sentencing judge must consider which objectives are of primary importance in the particular case. The sentencing judge should be guided by statutory statements of policy, the criteria in these rules, and any other facts and circumstances relevant to the case.

Cal. R. Ct. 4.410

Rule 4.410 amended effective January 1, 2018; amended effective January 1, 2017; adopted as rule 410 effective July 1, 1977; previously renumbered effective January 1, 2001; previously amended effective July 1, 2003, NDJanuary 1, 2007.

Advisory Committee Comment

Statutory expressions of policy include:

Section 1170(a)(1), expresses the policies of uniformity, proportionality of terms of imprisonment to the seriousness of the offense, and the use of imprisonment as punishment. It 21 also states that “the purpose of sentencing is public safety achieved through punishment, 22 rehabilitation, and restorative justice.”

Sections 17.5, 1228, and 3450, express the policies promoting reinvestment of criminal justice resources to support community-based corrections programs and evidence-based practices to improve public safety through a reduction in recidivism.