Two years ago, the Bay Area State Senator’s historic Criminal Justice Act set strict limits when a perfunctory person could be charged with murder in a fatal crime, and given a long prison term for murder of another. He could have set people free.
But later state court decisions. Limited eligibility for sentencing For those convicted of murder under the law, he left those involved in the same situation, but those who escaped the murder trial were sentenced to life imprisonment under the lesser crime of murder and the state’s now-reduced principle of serious murder. Chose the possibilities.
That all changes since Senate Bill 775 in January, a follow-up bill from another Bay Area legislator, Sen. Josh Baker, who lives in the peninsula, was signed this week by Gov. Gavin Newsom. Hundreds of people شاید perhaps nearly 2,000 اب who were charged under the old felony count of murder and denied the right to petition for retrial under SB 1437, are now in Berkeley-based State Sen. Written initial reform law. You can try to have your sentences overturned and in many cases get released from prison.
Baker told the news organization that the bill was about people who were not intended to be killed. “It’s the right thing to do.”
Baker insisted that his bill does not create a new law, but rather “restores the will” of SB1437, which changed the section of the state penal code to hold associates responsible for murder when Killed during another crime, such as robbery. Prosecutors previously only needed to prove complicity in the main crime for the murder, and now they need to prove that someone had a direct role in the murder.
“Serious principles of murder do not make people safe and there is no deterrent,” he said. “It’s all about keeping people in prison for long periods of time.”
He was a supporter and architect of the California Public Defenders Association and the California Attorneys for Criminal Justice Bill. Jennifer Reading, deputy public defender for Santa Clara County, said the court’s interpretation of SB1437 so far “created an unintentional strict application of the change to the law, leaving at least one offender behind.”
She was referring to what analysts say is a large pool of people under the old crime rule, but who, instead of endangering the crime of murder by a jury, carried out voluntary massacres and fixed prison. Requested lesser crimes such as punishment. This created a situation where if two people were charged with serious murder for the same crime, one person who took his case to trial and lost was eligible to be released under SB 1437 while the other person He was not the one trying to avoid the lawsuit.
SB775, Reading said, “is a common sense explanation” that the original reform law was intended to meet.
Riverside County Deputy Public Defender Amy Vera said Baker’s bill furthers the racial and gender equality of the reform, claiming black, Latino and Asian men and women are accused of disproportionately serious killings. Has been imposed.
“A lot of them are women, a mom or a girlfriend who didn’t really know what was going on,” Vera said.
This includes an Oakland lawsuit that was the subject of a first-district District Court of Appeal decision in 2020 denying Althea Houseley the right to appeal her murder, which she testified against her boyfriend. After agreeing to give came through the application agreement, Who shot dead a man during a robbery in 2010.
Dismissing his appeal, the appellate court said: “We leave it to the legislature to decide whether further correctional changes should be made for offenders such as Hausley, who committed voluntary murder to avoid the crime of homicide.” There was no competition for the general public, or a theory of natural and possible consequences.
In addition to voluntary genocide, SB 775 also provides appeal relief for those convicted of attempted murder. It also makes the court-appointed lawyer available earlier in the application process.
Vera said anywhere between 1,000 and 2,000 people could be eligible to be sentenced or have their sentences overturned.
“They will request that these are the circumstances under which they were and settled for voluntary genocide, and that serious killings or natural and probable causes no longer exist for their case,” he said.
Below this limit, taxpayers can save up to 81 81 million, based on an estimated annual cost of 81 81,000 to detain someone in the state.
“We continue to want better justice and more just results,” Baker said.
Staff Writer Net Garrett contributed to this report.