CA changes felony murder law for 2019; numerous appeals expected

[burblestein]

Today, CA governor Jerry Brown signed SB1437, which cuts back the circumstances under which suspects can be charged with felony. Aimed at eliminating unfairness in the "law of parts", it will take effect 1 January 2019.

As the law stands now, if A supplies a gun for a holdup, B drives the car to the robbery, and C shoots and kills a clerk, all are guilty of felony murder. The new law changes the charging provisions for accomplices.

As one of the justifications for the change was the long sentences handed out to those not directly involved in the actual killing, numerous appeals are expected. Especially since the bill is retroactive.

Two major MSM articles and a copy of the actual bill are linked below:

Hundreds serving time for murder could get sprung under new California law

California sets new limits on who can be charged with felony murder - Los Angeles Times

Bill Text - SB-1437 Accomplice liability for felony murder.

Expect the CA courts to become even more sluggish as they grind through prisoner claims. Expect the first released murderers to hit the streets in about 2020.

 

[cryscrys]

California just continues to become a more dangerous place to live.

 

[oceanblueeyes]

California just continues to become a more dangerous place to live.

I find much of their laws bizarre. They always seem so consumed with giving dangerous felons a break. It seems it is always doing for those who do violent illegal acts against victims.

I don't ever see any of the officials come out supporting victims.

Wasn't it CA who released thousands of sex offenders back out on the streets?

I read an article recently that over a thousand CA citizens are moving out of the state every day.

How can they make this retroactive? I have never heard of such a thing. Imo this will windup in the SC and that part at least will be struck down.

This ridiculous ruling will throw the justice system into a tailspin.

I will never understand why any government officials proudly show they care far more about violent criminals than they ever care about law abiding victims.

Jmo

 

[cvaldez1975]

I find much of their laws bizarre. They always seem so consumed with giving dangerous felons a break. It seems it is always doing for those who do violent illegal acts against victims.

I don't ever see any of the officials come out supporting victims.

Wasn't it CA who released thousands of sex offenders back out on the streets?

I read an article recently that over a thousand CA citizens are moving out of the state every day.

How can they make this retroactive? I have never heard of such a thing. Imo this will windup in the SC and that part at least will be struck down.

This ridiculous ruling will throw the justice system into a tailspin.

I will never understand why any government officials proudly show they care far more about violent criminals than they ever care about law abiding victims.

Jmo

Californian here. its not really this, why ppl are leaving. its cuz we cant afford life. lol

 

[oceanblueeyes]

Californian here. its not really this, why ppl are leaving. its cuz we cant afford life. lol

Yes..I have heard that is one of the reasons so many are leaving. It's unimaginable to me the high tax burden placed on it's citizens.

Most are moving to states that either have no state income tax at all or much lower than CA. But then you have much higher taxes on everything don't you? Like for gasoline?

If so many continue to leave in droves then who is going to be left to pay the rising taxes?

I really feel for the hard working people in your state.

 

[burblestein]

I'm a voracious reader of true crime books. I have noticed there is a definite trend in relative speeds of state justice systems. Given the same set of facts, it looks to me as though a two week murder trial in a southern state is a month's trial in an eastern or midwestern state; the same trial takes about six months in good old Cal. Speed of getting into the courtroom seems comparable.

Come to think of it, I'll amend my above prediction. Cal's courts probably won't be releasing anyone before about 2024, given their sluggishness.

And then we enter into interesting ground here. Believe it or not, the recidivism rate for released murderers is very low if the parole board does its job. Then again, how much trust can the California public have if Lawrence Singleton and Richard Allen Davis won parole?

 

[burblestein]

"Life After Murder" is a provocative book. It claims a zero percent recidivism rate for released murderers.... Still, if a single serial killer is released, think of the havoc.

 

[bears10]

"Life After Murder" is a provocative book. It claims a zero percent recidivism rate for released murderers.... Still, if a single serial killer is released, think of the havoc.

Respectfully, that sounds ridiculous. So not one single murderer who’s been released from jail has been arrested/convicted again for murder?

 

[Coppertop15]

Californian here. its not really this, why ppl are leaving. its cuz we cant afford life. lol

Truth

 

[Mickey Mouse]

"Life After Murder" is a provocative book. It claims a zero percent recidivism rate for released murderers.... Still, if a single serial killer is released, think of the havoc.

Nope.

https://www.researchgate.net/public...ed_Murderers_Who_Murder_Again_While_on_Parole

A convicted murderer was released early for good behavior. Months later, he killed again.

Cop-Killer Freed From Death Row Tries to Kill Again

There are, unfortunately, a lot more.

 

[katydid23]

So essentially, this new law says ' Hey, if you want to be the get away driver in a home invasion, GO FOR IT, you won't get a murder charge.'

In the Daron Wint trial, for the nasty, brutal home invasion on DC, where 4 people were tortured and killed, the only reason we are assured that he will probably get a GUILTY verdict, is because of that Felony Murder Statute that says everyone involved is GUILTY of murder. Right now he is admitting to being at the scene of the crime, but he is blaming it on his brothers, and says he was just helping them out, giving them a van and sitting downstairs while they killed everyone.

If this case was in a California Court, he'd be walking free...

 

[katydid23]

Respectfully, that sounds ridiculous. So not one single murderer who’s been released from jail has been arrested/convicted again for murder?

I know we have seen several cases here on WS, where a paroled killer killed again. Cannot remember names right now, but I know it has happened...

 

[burblestein]

Let me clarify here. In "Life After Murder", the author claims not one murderer paroled in California has committed another murder. However, even if that statement is true, that is certainly no guarantee it won't happen, and I shall go so far as to say it WILL happen sooner or later.

As for a driver or other accomplice walking free under the new law...they are bound to be charged with some offense, just not felony murder.

Please, folks, I am not defending this state of affairs. In the hypothetical case I gave above, the murder would not happen with just two of the three crooks involved. In my scenario, it took all three participants for the murder to happen. To me, the law of parties makes great sense and should not have been changed.

 

[cryscrys]

I find much of their laws bizarre. They always seem so consumed with giving dangerous felons a break. It seems it is always doing for those who do violent illegal acts against victims.

I don't ever see any of the officials come out supporting victims.

Wasn't it CA who released thousands of sex offenders back out on the streets?

I read an article recently that over a thousand CA citizens are moving out of the state every day.

How can they make this retroactive? I have never heard of such a thing. Imo this will windup in the SC and that part at least will be struck down.

This ridiculous ruling will throw the justice system into a tailspin.

I will never understand why any government officials proudly show they care far more about violent criminals than they ever care about law abiding victims.

Jmo

It really has become a criminal advocate state. I understand when Jerry Brown was elected he was told he had to establish a prison reform. However the laws have become so loose and so obviously created with protecting the SUSPECT and not the VICTIM. Sadly its a double whammy for the citizens. First the cost of AB109 and other programs go straight to the working tax payers, and second there are so many criminals let out and put right back on the street resulting in higher theft crime which in turn causes higher insurance premiums. Its sad and California has become a joke IMO.

 

[cvaldez1975]

Yes..I have heard that is one of the reasons so many are leaving. It's unimaginable to me the high tax burden placed on it's citizens.

Most are moving to states that either have no state income tax at all or much lower than CA. But then you have much higher taxes on everything don't you? Like for gasoline?

If so many continue to leave in droves then who is going to be left to pay the rising taxes?

I really feel for the hard working people in your state.

honestly we have high taxes but that's now what is killing us its the cost of rent / real estate and that's being driven by tech and ppl coming here for tech, and then driving up real estate costs which in turn creates demand, and then foreign investors buy up all the houses and rent them. ppl w good credit and a good down payment cant even buy because the investors outbid them in cash. its good old capitalism. my rent is 3150 and it goes up every lease. I bring home 2975 after taxes so that should tell you something.

I would LOOOOVE for some of these tech companies to go to other states. lol

 

[mickey2942]

"Life After Murder" is a provocative book. It claims a zero percent recidivism rate for released murderers.... Still, if a single serial killer is released, think of the havoc.

Interesting. I would like to see the "cherry picked research" that supports that hypothesis. I can think of several killers, that do not support this.

Edmund Kemper - Wikipedia

Ted Bundy - Wikipedia

Arthur Shawcross - Wikipedia

Those are just a few...

 

[burblestein]

If you took the trouble, Mickey, you would probably find a lot more.... Mind you, I am not defending this change--only reporting it.

 

[mickey2942]

I am actually okay with the law...because it really is feminist. Usually men are the violent ones, a woman is in car, Listening to music, and the guy jumps in, "Floor it". Okay. And later find out he robbed the 7-11, killed a guy, and the woman, in the car, who had nothing to do with the crime, gets jacked up. That is crap.

 

[burblestein]

In that book, the author covered the cases of five murderers sentenced to life for crimes committed when they were in their teens or early twenties. Having rehabilitated themselves in San Quentin, they were paroled when they were in their fifties. They all successfully transitioned to civilian life.

It's a heartening tale of redemption. However, she was not dealing with first degree murderers or psychopaths. I think they might just screw up her theories. Big time.

As for Cali becoming more dangerous... I live up north in what's left of the Old West. We have a greenrush of intruders from all over the world lusting to grow wealthy by growing marijuana, and willing to do whatever is needed for their enrichment. It's been unsafe to hike in the woods around here for at least ten years. There are bulldozed illegal plantations protected by guards by automatic weapons out there. I have been confronted on public roads while out driving.

These plantations are run by criminal syndicates from Bulgaria, the Ukraine, Mexico, and God only knows where else. How do you think they handle their disputes? Are you deluded enough to think they would call the cops? Nah. I would bet money there are undiscovered bodies in the woods near some of these plantations. In fact, remains have been found in old plantations, like in the case of CA - Michael Desmet, 33, & Joseph Wilma (fnd dec'd), 52, Round Valley, 2 September 2005.

There are portions of the Emerald Triangle where LE will not go unless there are at least a dozen officers. Like Murder Mountain, up by Alderpoint. The last raid in there had every imaginable LE official backing the deputies--game wardens, CHP, probation officers. About 40 cops all told, as I recall.

 

[burblestein]

In the case you posed, mickey, the woman tells the truth and testifies against the killer, and away he goes. If it can be proven she was not involved, she should walk. She should also learn to date a different class of guy, in my opinion.

Now if she drove him to the store and told him to rob it....she deserves whatever she gets.