One of the main principles of our criminal justice system is that the punishment has to fit the crime. However, in the 1990s, California’s leaders pursued very actively tough on crime policies and during that time more than a hundred different sentencing enhancements were enacted. Throughout the past three decades,…
Despite the ongoing efforts by California’s leaders to improve the State’s criminal justice system and to make it fairer, California still has some of the most severe sentence enhancements in the United States. One of the main principles of the criminal justice system is that the punishment has to fit…
In 1987, California passed the Street Terrorism Enforcement and Prevention Act (STEP Act). The California legislature’s goal was to address the increasing criminal activities by street gangs and through the STEP Act it imposed a three-year sentencing enhancement for gang related crimes. Proponents of the law claimed that it would…
History of California’s Three Strikes Law In 1994, Californians voted overwhelmingly for Proposition 184 and enacted the “Three Strikes and You’re Out” law, which was later codified by Penal Code §667. The goal of the new law was to increase public safety and to reduce the crime rate by giving…
In 1994, through Proposition 184, California enacted the unduly harsh Three Strikes law, which was later codified by Penal Code 667. Under the Three Strikes law, a so-called repeat offender with one or more prior violent and/or serious felonies, would receive a harsher prison sentence for a subsequent qualifying felony…
It’s no secret that many elements of the criminal justice system have imposed unfair prison sentences, especially enhancements that can add decades to the total time served in prison. This has led to overcrowded prisons, disproportionately affecting people of color and those suffering from mental illnesses. Sentence enhancements are not related to…
Facts About Prop 57: “The Public Safety and Rehabilitation Act” of 2016 In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates. Under Prop 57, CDCR incentivizes inmates…
In 2016 Alpacino McDaniels was found guilty of the July 2013 murder of 23-year-old Teric Traylor by an Alameda County Superior Court jury. McDaniels allegedly killed Traylor during a street fight in West Oakland, although McDaniels claimed that he was not the one who shot the victim. McDaniels had prior…
Many people in California have wondered whether SB620 or Senate Bill 620 is retroactive. Ultimately, prior to the passage of this bill local judges did not have discretion when it came to dismissing sentencing enhancements decided by prosecutors in regards to felony cases involving the use of firearms. Since the…
On October 11 California Governor Jerry Brown signed a bill sponsored by the ACLU of California into law that will impact sentencing for felons convicted of crimes in which a firearm was used. Is the new law a good thing or a bad thing? It really depends on your own…