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Magistrates have a maximum sentencing power of up to 12 months' imprisonment, and/or an unlimited fine. [5] In practice, magistrates have a wide range of sentencing options, which include issuing fines, imposing community orders, or dealing with offences by means of a discharge.
The Uniform Determinate Sentencing Act of 1976 was a bill signed into law by Governor Jerry Brown to changes sentencing requirements in the California Penal Code. The act converted most sentences from an "indeterminate" sentence length at the discretion of the parole board to a "determinate" sentence length specified by the state legislature.
The stipendiary magistrates' court had the same sentencing power as the summary sheriff court in summary proceedings, which was the ability to sentence an offender to up to one year in prison or fine them up to £10,000. Stipendiary magistrates were replaced by summary sheriffs. [77] [78]
California recognizes three categories of crime, distinguishable by the gravity of offense and severity of punishment: Felonies, Misdemeanors, and Infractions. [2] Regardless of category or specific offense, all valid crimes are required to have two elements: 1) an act committed or omitted In California, and 2) an articulated punishment as ...
California, 549 U.S. 270 (2007), is a decision by the Supreme Court of the United States in which the Court held, 6–3, that the sentencing standard set forward in Apprendi v. New Jersey (2000) applies to California's determinate sentencing law. In California, a judge may choose one of three sentences for a crime—a low, middle, or high term.
The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts. The policymaking body of the California courts is the Judicial Council and its staff. [2]
The decisions of courts of summary jurisdiction on points of law are generally reviewed by a case stated for the opinion of the High Court under the acts of 1857 and 1879, but are occasionally corrected by the common law remedies of mandamus, prohibition or certiorari. The application of the last-named remedy is restricted by many statutes.
The Chief Judicial Magistrate inspect the court and office of other Magistrates, functioning in the district and make monthly inspection of jail/lock up.The CJM Court has the power to conduct preliminary inquiries into criminal cases, issue search warrants, and grant bail to accused persons.