I keep getting told about a Law in the state of California that is (potentially) being brought into place, where inmates who were convicted of murder, despite not personally comitting it and therefore just being an accomplice, may get reduced sentences or freed? I'm in England so a lot of American news pages are blocked for me and I can't look up all of the information on it. Can someone help me out and inform me on what's really going on, what the law is, and if it's going to take place? Thanks in advance!
Last post
Google is often your friend:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=2…
https://theintercept.com/2018/11/23/california-felony-murder-rule/
Laws like these are very slow to change here in the US. There are many people across the US that are serving life sentences because of either enhancement laws (all previous crimes taken into consideration as well as any gang affiliations) or a murder occurs during the commission of a violent crime (robbery in the 1st degree). If someone is the lookout, while the other person goes into the store, robs it and kills the clerk, then yes, they to can be held responsible for the murder. If any laws should change, they do not become retroactive. Anyone already sentenced under the original sentence structure will remain in place.
Laws like these are very slow to change here in the US. There are many people across the US that are serving life sentences because of either enhancement laws (all previous crimes taken into consideration as well as any gang affiliations) or a murder occurs during the commission of a violent crime (robbery in the 1st degree). If someone is the lookout, while the other person goes into the store, robs it and kills the clerk, then yes, they to can be held responsible for the murder. If any laws should change, they do not become retroactive. Anyone already sentenced under the original sentence structure will remain in place.
@Northernyank I think I understand. My pal is locked up for life under a murder charge that he didn't commit. He was present at the time of, but it was not pre-meditated and he was not the person who commited the murder. But, does this mean his sentence will remain as it is? Or is he in for a shot of re-sentencing down the line. Thanks for the reply regardless
It's unlikely that his sentence will ever change. I don't know if your PP pleaded guilty to the charges or went to trial. He would have to hire an attorney and have newly discovered evidence for a re-trial. He could petition the court for a re-sentencing hearing, where the court could take another look at the trial and re-sentence him. It's very unlikely, as in most cases the original sentence is usually upheld. Again, it all really depends upon either a plea agreement he made or if he went to trial.
Ah okay, thanks for the info. I'm highkey unfamiliar with how the system works and although we discuss it in our letters, I would rather not talk about his case or his sentence so I try and pick up the pieces by myself.
I never ask unless my PP seems like they want to discuss their crime. I'm always upfront and let whomever I write to know that I've done my research and know some of why they are there. I think that's only fair. But, I've also told them I will never ask of any incidents that have left trauma to them, (the crimes themselves have had traumatic effects on them). Sounds like, you and your PP have a great relationship. It's amazing how wonderful a letter can brighten up their day as well as our own.