3 units - In this class, we will review files of incarcerated people serving long prison sentences and make recommendations to California prosecutors about making a motion under California Penal Code (CPC) § 1172.1 or other laws to resentence the person to a lesser term. We will discuss: (1) the basics of criminal sentencing as a matter of principle, based on California law, and from the perspective of participants in the system; (2) how to review a “Central File” (C-File), the incarcerated person’s record in the California Department of Corrections and Rehabilitation (CDCR); and (3) the considerations prosecutors and judges use to evaluate appropriate sentences. Each student will prepare one or more recommendation memoranda to prosecutors proposing that relief be sought or recommending against action. In addition, students may also prepare motions for the Yolo and/or Amador County Superior Court. Students will have the opportunity to submit drafts for review before turning in a graded document. Students will research, discuss, and prepare documents collaboratively.
Law 206 Criminal Law, Law 227A Criminal Procedure and Law 219 Evidence are recommended.
Graduation Requirements: Counts towards Professional Skills Requirement.
Final Assessment: Skills Class Final Assignment (e.g. Trial, Mediation, Brief)
Grading Mode: Letter Grading.