The California Supreme Court today, 4-3, overturned Gov. Schwarzenegger's decision to deny parole to Sandra Lawrence, who murdered her lover's wife and then spent 11 years on the lam before surrendering in 1982. Justice Ming Chin wrote the dissent:

The Governor carefully considered whether petitioner, Sandra Davis Lawrence, is suitable for parole. He issued a reasoned report that assessed petitioner’s case individually. The report considered the relevant factors — both those supporting parole and those weighing against parole. It recognized the progress petitioner has made over the years that weighs in favor of parole. Nevertheless, balancing these factors, the Governor concluded “that her release from prison would pose an unreasonable risk of danger to society” and reversed the finding of the Board of Parole Hearings (Board) that she was suitable for parole.

The majority cites to no factual misstatements in this report. It agrees that evidence supports every fact cited. It identifies nothing the Governor did that was incorrect or contrary to his constitutional and statutory obligations. Rather, the majority simply substitutes its own judgment in place of the Governor’s considered judgment that petitioner is not suitable for parole.

Heinousness of the original offense, under today's decision, is relevant only to the extent that it indicates a present threat to public safety. A judgment that the prisoner committed an exceptionally heinous murder for which he or she just hasn't been punished sufficiently yet doesn't do it.