Friday, May 10, 2013

People v. Fisher (Cal. Ct. App. - May 10, 2013)

It may well be -- as the Court of Appeal holds -- that a criminal court doesn't have the statutory power to enter a restraining order in an extortion case, unlike some other criminal cases (e.g., stalking, domestic violence, etc.).

However, if that's indeed the case, the law should be changed.

Defendant tries to extort a job from someone by threatening him.  Defendant gets convicted.   After trial, defendant sends the victim a note that says he was "looking forward to seeing [the victim] at the trial, but no matter; other opportunities will present themselves.  Have no doubt; I will be a regular fixture at the races, in the future."

I think it should be just fine in a case like that for the court to include as part of its sentence that the defendant have no further contact with the victim.  Ever.

The Legislature should get on it.