Sirhan B. Sirhan v. California
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Does California Constitution Article V, Section 8(b) violate the U.S. Constitution's Due Process Clause by allowing a publicly elected Governor to review parole board decisions without sufficient procedural safeguards?
California Constitution Article V, Section 8(b), grants a California Governor the authority to reverse parole decisions of the Board of Parole Commissioners . It is a de novo review, with the limitation that the Governor must consider the same statutory factors and record of the Board below. 1. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) VIOLATE THE U.S. CONSTITUTION’S DUE PROCESS CLAUSE BECAUSE OF THE INTOLERABLE RISK THAT PUBLICLY ELECTED GOVERNORS LACK NECESSARY NEUTRALITY? 2. WAS PETITIONER’S FUNDAMENTAL RIGHT TO A FAIR AND NEUTRAL ARBITER VIOLATED WHEN THE GOVERNOR WHO REVIEWED THE PAROLE BOARD DECISION HAD A WELL PUBLISHED AFFINITY AND PERSONAL CONNECTION TO THE VICTIM? 3. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) IMPROPERLY IMPACT YOUTH OFFENDERS BECAUSE OF THEIR UNIQUE CONSTITUTIONAL PENOLOGICAL PROTECTIONS AND THEREBY VIOLATE THE EIGH TH AMENDMENT RIGHT AGAINST CRUEL AND UNUSUAL PUNISHMENT ? 4. DOES CALIFORNIA CONSTITUTION ARTICLE V, SECTION 8(b) VIOLATE THE U.S. CONSTITUTION’S DUE PROCESS CLAUSE BECAUSE DUE PROCESS SAFEGUARDS, SUCH AS THE RIGHT TO BE HEARD, RIGHT TO REVIEW THE RECORD, AND TO HAVE COUNSEL ATTEND THE HEARING, ARE NOT AVAILABLE DURING THE GOVERNOR’S REVIEW PROCESS, EVEN WHEN NEW EVIDENCE IS IMPROPERLY CONSIDERED BY THE GOVERNOR? Docusign Envelope ID: