Currently, prosecutors in both the juvenile and adult criminal justice systems have too much discretion in pressing charges, determining what sentences are sought, and negotiating plea deals. Trial by jury is a key tenant of the American criminal justice system, but heightened prosecutorial power significantly reduces the power and frequency of a trial by peers. Attempts at sentencing reform must address largely unchecked prosecutorial discretion.
“California Gov. Gavin Newsom’s recent decision to close the nation’s largest death row is a defining position of moral leadership and the right thing — not just for Californians, but for the country. President Trump should follow his lead.“
The Hill
April 2, 2019
Read More“A new poll found that Californians, by a 2-to-1 margin, support sentencing first-degree murderers to life in prison rather than the death penalty, an indication that Gov. Gavin Newsom’s recent decision to impose a moratorium on executions may align with public sentiment against capital punishment. The poll results could potentially revive efforts to abolish the death penalty in California, including a proposed constitutional amendment being considered in the state Legislature that could land on the 2020 ballot, and embolden Newsom to take additional action against capital punishment.“
LA Times
March 27, 2019
Read More“More than two-thirds of California’s top county prosecutors are asking Gov. Jerry Brown to veto bills on his desk that have been cheered by prison reform advocates. One bill would bar 14- and 15-year-olds from being prosecuted as adults, while the other would narrow the scope of California’s felony murder rule, which holds murder accomplices just as accountable as those who committed the killing.“
San Francisco Chronicle
September 21, 2018
Read More“Once a prosecutor makes a recommendation, a judge would still have to impose the new sentence, and the sentence must be allowed by law. But just as prosecutors have enormous power to seek harsh penalties when a defendant is first sentenced, so too could prosecutors demand leniency after someone has already spent many years in prison.“
The Appeal
September 7, 2018
Read More"One of Hein’s friends pulled a knife during a fistfight over marijuana. James Farris III died; Jason Holland testified that he committed the stabbings in a backyard clubhouse, but Hein was also sentenced to life in prison under California’s “felony murder” rule that holds accomplices to the same standard as if they had personally committed the crime."
AP
August 17, 2018
Read More"The U.S. Supreme Court requires prosecutors to inform criminal defendants about an officer’s wrongdoing — but the state’s laws are so strict that prosecutors cannot directly access the personnel files of their own police witnesses. Instead, California puts the burden on defendants to prove to a judge that an officer’s record is relevant."
LA Times
August 9, 2018
Read More"Felony-murder laws allow prosecutors to file murder charges against participants in fatal crimes without having to show that they intended to kill. Unlike such laws in other states, the appeals court said, the California law “takes an abstract approach to evaluating a crime’s dangerousness,” looking at the definition of the crime rather than the facts of the individual case."
San Francisco Chronicle
August 6, 2018
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