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What You Must Know About Criminal Records And Justice Bias

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Do criminal records affect equal justice? Inevitably, explains San Jose attorney Stuart Kirchick—every case turns on its own facts. He offers an example: a battery by someone with a long history of violence won't be treated the same as one by a middle-aged person with a clean record. That difference, he suggests, isn't unfairness but appropriate, individualized sentencing.

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Answered by Stuart Kirchick · San Jose, CA

Highlights

0:30

— why identical charges get treated differently based on record

Frequently Asked Questions

Do criminal records affect equal justice?

Inevitably—every case turns on its own facts, so a battery by someone with a long history of violence won't be treated the same as one by a middle-aged person with a clean record. He frames that not as unfairness but as appropriate, individualized sentencing.

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Stuart Kirchick
The Law Offices of Stuart D. Kirchick

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