League of Women Voters of California Education Fund
Santa Clara County, CA March 2, 2004 Election
	Enrique Colin Answers Questions Candidate for Judge - Superior Court; County of Santa Clara; Office 7

The questions were prepared by the Leagues of Women Voters of Santa Clara County and asked of all candidates for this office.

Read the answers from all candidates.

Questions & Answers

1. As a judge, you may be called on to impose sentences for crimes ranging from misdemeanors to homicide. While there are sentencing parameters and guidelines, you will have latitude. What factors and principles/values will affect your decisions?

All cases are different. Each person who comes before a judge is an individual with different circumstances. I will consider the convicted defendant's criminal history, the nature of the crime charged, the circumstances of the incident and social background. I will use the same principals of justice and fairness for all those who come before me. I will also consider the impact on victims. Certainly, if violence is used in a crime, it will be treated much more seriously than a non-violent crime in which the offender only hurt themselves.

2. Currently Superior Court supervises the County's Juvenile Probation Department, including the juvenile facilities. Last year serious issues were raised about staffing, practices and services. The Board of Supervisors placed a measure on the ballot that would transfer control of the Probation Department from the Court to the Supervisors. Superior Court judges oppose the measure. What are your views on this issue?

Changing bureaucracies does not necessarily solve the problem. Whoever ends up the head of the Juvenile Probation Department needs to focus on the real issues facing juvenile offenders. All juvenile offenders should be treated with respect and dignity and be provided the needed services to help them overcome their problems while they are still young.

3. In March 2000 California voters adopted the Juvenile Crime Act which included punitive measures for juvenile offenses and gave prosecutors, rather than judges, the authority to send teenagers to adult court. What is your opinion about how this act is applied in Santa Clara County?

The Juvenile Crime Act was an over reaction by the public. Prosecutors should not be given increased power to send juveniles to adult court especially when they have an interest in the outcome of a case. The potential exists for many young offenders to be prosecuted as adults at the whim of an overzealous prosecutor.