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LWV League of Women Voters of California Education Fund
Santa Clara County, CA June 5, 2012 Election
Smart Voter

Cynthia A. Sevely
Answers Questions

Candidate for
Judge - Superior Court; County of Santa Clara; Office 7

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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 (who have responded).

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?

Generally, the laws in California give sentencing ranges to assist a judge in sentencing a defendant. As a judge, there are overall considerations that need to be addressed. When individuals are convicted of crimes, there needs to be consequences. The purpose of imposing a sentence on a criminal is to

1. Protect society;
2. Punish the defendant;
3. Encourage the defendant to lead a law-abiding life in the future and deter him/ her from future offenses;
4. Deter others from criminal conduct by demonstrating its consequences;
5. Prevent the defendant from committing new crimes by isolating him/ her for the period of incarceration;
6. Secure restitution for the victims of crime; and
7. Ensure that the sentencing laws are applied equally to all parties.

As a judge, I would examine the crime and consider whether

1. The crime involved great bodily harm, a threat of great bodily harm, or other acts which indicated a high degree of cruelty, viciousness, or callousness;
2. The defendant used a weapon at the time the crime was committed;
3. The victim was particularly vulnerable;
4. The defendant was the ring leader and encouraged others, including minors, to participate in the commission of the crimes;
5. The defendant threatened witnesses or unlawfully prevented or dissuaded witnesses from testifying;
6. The defendant's criminal history- whether the defendant had gone to prison before or had a long criminal record;
7. The manner in which the crime was carried out indicated planning, sophistication, or professionalism;
8. The crime involved an attempted or actual taking or damage of great monetary value;
9. The crime involved a large quantity of narcotics; and
10.The defendant took advantage of a position of trust or confidence to commit the offense.

2. Please describe your experience in civil and criminal cases.

3. Would you propose any changes to assure that there is no appearance of bias in the courtroom including, but not limited to, bias based on disability, gender identity, age, race, religion, ethnicity, or sexual orientation?


Responses to questions asked of each candidate are reproduced as submitted to the League.  Candidates' statements are presented as submitted. Word limits for answers are 400 words for all questions. Direct references to opponents are not permitted.

Read the answers from all candidates (who have responded).

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Created from information supplied by the candidate: June 3, 2012 21:03
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