Opinion

People v. Webb

  • 6 Cal. 4th 494
  • 24 Cal. Rptr. 2d 779
  • 93 Daily Journal DAR 15448
  • 862 P.2d 779
  • 93 Cal. Daily Op. Serv. 9026
Court
California Supreme Court
Filed
Dec 7, 1993
Status
Published
Author
Mosk
On the bench
Baxter, Mosk, Kennard
Cited by
157 cases
Authority
More cited than 4.8%

“[T]he Eighth Amendment of the United States Constitution and article I, section 17 of the California Constitution preclude punishment that is disproportionate to a defendant’s individual culpability.”

How later courts described this case

  • “[T]he Eighth Amendment of the United States Constitution and article I, section 17 of the California Constitution preclude punishment that is disproportionate to a defendant’s individual culpability.”

Written by the judges who cited it.

The opinion

MOSK, J., Concurring and Dissenting.

I concur in the judgment.

I generally agree with the majority’s analysis. On two points, however, I must take a contrary position.

I cannot join in the majority’s dictum unnecessarily “question[ing] whether records stemming from [Sharon White Bear’s] voluntary treatment by . . . county therapists” at a county mental health center (maj. opn.,ante, at p. 518) are within the coverage of Pennsylvania v. Ritchie (1987) 480 U.S. 39 [ 94 L.Ed.2d 40 , 107 S.Ct. 989 ]. That decision applies broadly to the “government” (id. at p. 57 [ 94 L.Ed.2d at p. 57 ])—which obviously includes agencies such as that involved here.

Neither can I join in the majority’s conclusion brushing aside the serious question defendant has raised as to whether the standard instruction defining reasonable doubt derived from Penal Code section 1096 violates the due process clause of the Fourteenth Amendment to the United States Constitution.

I have long been convinced that the standard instruction is unnecessarily confusing, that it purports to define, at some length, a term—“reasonable doubt”—that numerous courts across the country have held to be self-explanatory.

In my concurring opinion in People v. Brigham (1979) 25 Cal.3d 283 [ 157 Cal.Rptr. 905 , 599 P.2d 100 ], I urged the Legislature to delete the definition and to return the law to the uncomplicated state that prevailed in the period from 1850 to 1927.

Since the Legislature has not seen fit to act, I believe it is time we intervened. We should not wait for the federal judiciary to grapple with the standard instruction’s potential constitutional infirmity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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