Legal Question in Criminal Law in California
Transfer of sentencing
Is there any legal justification for the tranfer of a sentence from a party proven guilty beyond reasonable doubt to an obviously innocent party?
1 Answer from Attorneys
Re: Transfer of sentencing
What you're describing is a patently absurd situation. That's here in the U.S. Minimum Constitutional Due Process requires that you be given notice of your crimes that you're being charged with, an opportunity to conduct discovery, and participate in a trial if you so wish. It's ludicrous to claim that someone else can be tried and then another party sentenced. You may be getting a conspiracy trial confused. The partners in the crime will be charged and tried together. There are some instances in which a party has voluntarily absented him/her self from a criminal trial. And the trial went on.
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