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  • New Legislation: CA’s new Felony Murder Rule

    Imagine a manager of an electronics store stays late one night to do paperwork. He doesn’t realize that his employees left a side door unlocked. John and Chad are walking along and happen to see the unlocked door. They can see from the window that the office door is slightly closed, with a light on inside. Whispering, they decide they can quietly sneak in, grab a couple of game consoles with controllers and a few games, and probable sneak out without ever being noticed. They manage to get in and grab the items, but the manager hears a noise and comes out. Chad suddenly pulls out a gun and fires a warning shot in the air to scare the manager back- but the bullet hits a metal pole and ricochets into the manager, killing him instantly.

    Under the Felony Murder Rule, even if John didn’t fire the gun, and even if Chad didn’t intend to hurt the manager at all, and even if John had no idea Chad had a gun at all: both Chad and John can be convicted of First Degree Murder, and both can even face the death penalty for it.

    California follows the same strict FMR, but effective January 1, 2019, SB 1437 (Skinner) will change accomplice liability for murder, such that proof of malice will be required to be convicted of murder. This does not apply if the victim is a police officer.

    Starting in January, any participant in certain specified felonies is liable for first-degree murder only if one of the following is proven:

    1. a) The person was the actual killer;
    2. b) The person was not the actual killer, but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer in the commission of murder in the first degree; or,
    3. c) The person was a major participant in the underlying felony and acted with reckless indifference to human life, as specified.

    For Chad in the story above, he may still possibly face charges under either (a) or (c) above. For John, however, he will probably not face murder charges unless his own “reckless indifference to human life” can be proven.

    Also, for people currently serving time under the old, strict FMR, this bill provides a detailed procedure by which the convicted may have his or her case reviewed under the new law.

    If you or a loved one are facing a possible conviction, or are currently serving under the FMR, I am here to help you navigate your options under the new legislation.

    New Legislation- Children Accused of Crimes (SB 1391)

    Once again the California State Legislature is making progress in reforming juvenile justice laws to reflect the understanding that children are not capable of thinking or planning in the same way as adults, that they should not be treated and punished as adults, and that there is a possibility that even after grievous mistakes and damage, they might still be able to rehabilitate.

    Effective January 1, 2019, SB 1391was authored by Senators Lara and Mitchell and approved by Governor Brown. This legislation repeals the authority of a district attorney to request transfer of a minor, who is alleged to have committed a specified serious offense when he or she was only 14 or 15 years of age, from juvenile court to an adult court of criminal jurisdiction. With an amendment that was forced in the Assembly, this new law applies only if the individual was not apprehended before the end of the juvenile court’s jurisdiction.

    Historically, a minor could only be transferred from juvenile court to adult criminal court at the age of 16. Then in 1994, as part of a “tough on crime” fear-based initiative that claimed certain children, merely on the bases of the allegations made against them, were too dangerous to society to be considered children, the California State Legislature lowered the age at which a child could be transferred to adult criminal court to only 14 years of age.

    However, in reaction to new scientific understandings of children and teens, both physically and mentally, there have been a series of U.S. Supreme Court cases involving juvenile defendants. The cases recognized the inherent difference between kids and adults in legal settings. These differences include the science of adolescent developmental brains, a new appreciation for the legal and social powerlessness of children, and the acknowledgement that children’s characters and futures are not as fixed as those of adults. (See: Miller v. Alabama.)

    This body of case law and the research relied upon in these cases prompted the California State Legislature to pass several recent juvenile justice reform measures (see my articles on new 2018 juvenile justice laws here). And in 2016, California voters passed Proposition 57, which among other things, eliminated the ability of a prosecutor to file charges against a juvenile offender directly in criminal court (See the California Court’s Analysis of Prop 57 Here). Now, Senators Lara and Mitchell have filled yet another gap in much-needed juvenile justice reforms with this SB 1391.

    Further reading:

    “Is Adolescence a Sensitive Period for Sociocultural Processing?”Annual Review of PsychologyVol. 65:187-207 (Volume publication date January 2014) 

     

     

    EVENT! 4/20 SCBA Cannabis Symposium

    Friday, April 20th, the Sacramento County Bar Association is hosting the Cannabis Symposium, with special guest speakers explaining the new laws and regulations regarding almost every aspect of cannabis. I will be presenting the first session’s topic, Prosecutions after Prop 64. MCLE credit is available. I look forward to seeing you there.

    When: 8:30am to 5pm, Friday, April 20

    Where: SCBA Event Center, 

    425 University Ave., Suite 120

    Register here: https://sacbar.intouchondemand.com/aaeventinfo.aspx?eventid=11063 

    EVENT! ENGAGE SACRAMENTO: A PRIMER FOR EFFECTIVE COMMUNITY PARTICIPATION

    The Wiley W. Manuel Bar Association & The McGeorge Black Law Student Association are hosting a panel discussion next Thursday on how the law works regarding officer-involved shootings, and how the community can make a change.

    I will be one of the panel members, and I hope to see you there. 

    Light refreshments will be served.

    Thursday April 19, 6-8 p.m.

    McGeorge School of Law, Lecture Hall

    3227 5th Ave Sacramento, CA 95817

    For questions, contact:

    Adrian Carpenter: sacwmba@gmail.com or

    My Tien Doan: m_doan3@u.pacific.edu

    How to Vote in California

    This is a detailed explanation of the procedure of how to vote in California. Other States have different election laws and procedures, which are usually found on their Secretary of State’s website.

    Voting seems extremely complicated at first because there are so many rules regarding voter eligibility, access, method, and integrity of the election system. Simply put, however, it’s really only a three-step process:

     

    1. Be Eligible to Vote,

    2. Register to Vote, and

    3. Vote.

     

    First, you must have the right to vote in California. Our State is much more permissive than other States in that we allow pre-registration and we allow certain circumstances of law offenders to vote, whereas other States do not. See “Eligibility to Vote” below. Then you must register to vote- I’ve included ways to register, pre-register, and how to vote if you missed the registration deadline, under “Register to Vote” below. Finally, in section three (Vote!), you may either vote by mail or at your polling location on Election Day.

    Remember: like any muscle in your body, you must protect and exercise your rights in order to preserve them. If you register to vote, and then do not actually vote, you may need to register again. Generally, this is because each County and State elections office has different procedures and timelines for purging their voter rolls.

     

    1. Eligibility to Vote

    The United States Constitution provides that we have the right to vote. Each State has it’s own additional rules. In California, we have the Voter Bill of Rights. See: http://www.sos.ca.gov/elections/voter-bill-rights/

    Who Can Register

     

    2. Register to Vote

    The voter registration form, whether online or by paper, asks a lot of personal information. Generally, this is to ensure that you vote only on the candidates and measures that are relevant to you, based on exactly where you live and the information you provide. It also tries to ensure that no one votes more than once, while preserving the individual right to vote of persons of the same exact names or addresses. First I’ll explain how to register, and then I address any concerns you may have about the personal information requested on the form.

    How to Register

     When to register

    • The deadline to register or re-register to vote for any election is 11:59:59 p.m. Pacific Time on the 15th calendar day before that election.
      • For the June 5th, 2018 Statewide primary election, you must be registered to vote by May 21, 2018
      • CA Secretary of State online registration dates calendar: http://www.sos.ca.gov/elections/
    • You Must re-register whenever you:
      • Change addresses (move)
      • Change your party
    • You Should re-register if you haven’t voted in a while, because voter rolls are routinely “purged.” Purging at its best eliminates duplicates and those who may have moved away or died.

    If you are concerned about providing your personal information

    • The online registration requires your personal information to submit your registration.
    • If you complete a paper voter registration card and do not include certain unique information, such as the last four digits of your social security number, you may be asked to provide additional identification at your polling location.
    • If you vote by mail, particularly if it is your first time voting, the Secretary of State recommends that you include a copy of your identification with your ballot.
    • Voter identification or qualifications requirements have routinely and historically been used to prevent or deter certain categories of citizens from voting.
    • If sharing your address could put you in life-threatening danger, you may be eligible to register to vote confidentially.

     

    3. Vote!

    You may either vote by mail, or vote in person. Even if you choose to vote by mail, if you forget to mail your ballot in time, you may still vote on election day. If there is any problem with your registration, you may also vote provisionally. Here are the details of each method:

    Vote by mail

    • You will receive a paper ballot in the mail when you have registered to vote by mail. Complete the ballot by filling in the bubbles of your preferences, and return the ballot by mail. If you forget to mail it in on time, you may also drop it off to any polling location on Election Day.
      • Vote-by-mail ballots must be postmarked on or before Election Day and received by your county elections office no later than 3 days after Election Day.
      • If you are not sure that your vote-by-mail ballot will arrive in time if mailed, you may bring it to any polling place in your county between 7:00 a.m. and 8:00 p.m. on Election Day. Tell the clerks at the polling location that you have a vote by mail ballot, and they will tell you into which box to drop your ballot.
    • To request a vote-by-mail ballot, your application must be received no later than 7 days before Election Day. You can:

    Vote in person

    Provisional voting

    • If you missed the registration deadline (during the period of 14 days prior to Election Day through and including Election Day), you can go to the office of your County Elections official to conditionally register to vote and then vote a provisional ballot.  This process is called Conditional Voter Registration (CVR).  
    • In order to conditionally register, you must first complete an affidavit of registration (also known as a Voter Registration Card).  After that you will be given a CVR provisional ballot to vote. 
    • Once the county elections official processes the affidavit of registration, determines your eligibility to register, and verifies your information, the registration becomes permanent and the CVR provisional ballot will be counted. 
    • You may also receive a conditional voter registration form and/or a provisional ballot at the polling location, if your name is not found on the voter roll.

     

    More information

     

    Check your voter registration status and polling location here: https://voterstatus.sos.ca.gov

    • Your polling location may change. It is best to double-check your location on election day with either your County or the Secretary of State.

    If you missed the registration date, or if you show up to the polling location and your name is not on the list:

    • You can “conditionally” register and vote at the polling location (or at your county elections office after the 15-day voter registration deadline), and vote with a “Provisional Ballot.” http://www.sos.ca.gov/elections/voter-registration/conditional-voter-reg/
    • Your provisional ballot will be counted only after the elections official has confirmed that you are a registered voter and you did not vote anywhere else in that election. The poll worker can give you information about how to check if your provisional ballot was counted and, if it was not counted, the reason why.