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28 San Diego L. Rev. 963 (1991)
With the Intent to Inflict Such Injury: The Courts and the Legislature Create Confusion in California Penal Code Section 12022.7

handle is hein.journals/sanlr28 and id is 969 raw text is: With the Intent to Inflict Such Injury: The Courts and the Legislature Create Confusion in California Penal Code Section 12022.7 INTRODUCTION For 60 years the California criminal justice system followed an indeterminate approach to sentencing its criminals. Under this system, the judge would sentence the convicted defendant to an inde- terminate term.' When the defendant reached prison, the parole board would determine the length of that individual's stay, placing emphasis on the particular attributes of the criminal and the possi- bility of successful rehabilitation.' Operative July 1, 1977, however, the Determinate Sentencing Law repealed and replaced the indeter- minate sentencing system.' The California legislature declared that the purpose of imprison- ing convicted criminals is punishment, not rehabilitation.4 The legis- lature concluded that determinate sentencing is the most effective manner to achieve this purpose.6 Under determinate sentencing, stat- utes provide fixed terms of years for specific crimes. Felonies are divided into seven categories, the majority of which are further sub- divided into three tiers of a low, middle, and high term.6 The judge has the discretion to choose which tier is appropriate for an individual.7 1. 3 B. WITKIN & N. EPSTEIN, CALIFORNIA CRIMINAL LAW § 1446, at 1712 (2d ed. 1989). 2. Id. 3. The Determinate Sentencing Law modified many penh1 code statutes simultane- ously. See generally CAL. PENAL CODE § 1170 (West 1985 & Supp. 1991). 4. CAL. PENAL CODE § 1170(a)(1). 5. Id. The legislature determined that focusing on the seriousness of the crime committed, instead of on the ability to rehabilitate the offender, is the best way to pun- ish. By fixing terms, the legislature hoped to end disparity and promote uniformity of sentences. Id. 6. REPORT OF THE ASSEMBLY COMM. ON CRIMINAL JUSTICE, NEW STATUTES AF- FECTING THE CRIMINAL LAW, 1976 GEN. SESS. OF THE CAL. LEG. 17, 18-20. 7. Id. Due to the statutory preference for the middle term, the judge must denote

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