Legal Opinion · Dissent

People v. Pedro T.

California Supreme Court

Decided December 12, 1994No. S032514Published

1Dissent

*1053ARABIAN, J.

—I respectfully dissent. While I am as eager as the majority to deter criminal conduct, imposing on the minor a punishment the Legislature has since abandoned will not accomplish that end. Simply yet ineluctably, nothing can deter a crime already committed; neither can an obsolete punishment prevent future offenses. The Legislature has ended its experiment and allowed the increased penalty for first offense vehicle-taking to lapse, impliedly finding the more severe punishment inappropriate. Nevertheless, purporting to distinguish three decades of decisional authority, the majority…

2Cases cited44 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. People v. HarrisonCalifornia Supreme Court · 1989
  3. Tapia v. Superior CourtCalifornia Supreme Court · 1991
  4. People v. FrancisCalifornia Supreme Court · 1969
  5. People v. StankewitzCalifornia Supreme Court · 1990

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