Felony murder

SB 1437 – Sentence Reduction For Felony Murder Convictions

April 30, 2023 | by The Justice Firm

Until 2019, countless of inmates in California had been serving unjustly long sentences for murder convictions, even though they never killed, attempted to kill, or intended for a person to die. Fortunately, as part of the ongoing criminal justice reform in California, in 2017, the state legislature acknowledged the need for more equitable sentencing of offenders and determined that reform in the laws is necessary to reflect one of the basic principles of the law and of equity, that a person should be punished for his o her actions based on their own level of individual culpability.

As a result of their findings, the California Legislature concluded that the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, have to be amended, and on September 30, 2018, the former California Governor Jerry Brown, signed into law SB 1437, which was codified as Penal Code §1170.95. In short, SB 1437 changes Penal Code §§188 and 189 by limiting the number of people that can be convicted of felony murder, and by effectively eliminating the role of the natural and probable consequences doctrine in murder cases.

Prior to SB 1437, a person could have been convicted of felony murder if he or she participated in or aided in the commission of a felony and a victim died during or as a result of the felony. Under the new law, in order for someone to be convicted of felony murder, he or she has to participate or attempt to participate in a felony in which a death occurs and:

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FELONY MURDER RULE RELIEF (SB 1437)

May 22, 2020 | by The Justice Firm

FELONY MURDER RULE RELIEF (SB 1437)

On September 30, 2018, Governor Jerry Brown signed into law Senate Bill 1437. SB 1437 became known as the Felony Murder Rule effectively changing the rules for how California charges felony murders.

Prior to SB 1437, California law allowed a defendant to be convicted of first-degree murder in the commission of a felony even if the defendant did not intend to kill the victim or did not know a murder took place. This means that in the commission of a residential burglary, for instance, if someone were killed as a result of the incident a getaway driver would be charged with and convicted or murder even if they had not stepped into the scene of the crime. This former broader law meant hundred of convictions of murder for individuals who never intended on seeing someone harmed in the commission of a felony act.

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Is California’s New Felony Murder Law Constitutional?

August 8, 2019 | by The Justice Firm

Senate Bill 1437 took effect in January of this year, yet many still challenge whether the new state law regarding felony murder is constitutional.

The old felony murder doctrine left countless people locked up in prison, some for decades, for murders they didn’t commit. Essentially, anyone who was an accomplice was considered equally responsible in a crime and could face charges of first degree murder, even it that person had no idea that someone else would take another person’s life.

While California’s felony murder rule was described as “barbaric” in a 1983 ruling by the state’s Supreme Court, nothing was done. Over 35 years later, we finally have a new felony murder law that will hopefully prevent those who did not commit murder or have any intent to kill someone from facing the same charges and penalties as someone who actually “did the deed.”

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What Does California’s SB 1437 Mean for Those Convicted of Felony Murder?

December 17, 2018 | by The Justice Firm

SB 1437 is a senate bill that has been signed into law by Governor Jerry Brown, a law that goes into effect on the first day of the new year. What does this mean for convicted felons who are behind bars for a murder that occurred during a burglary, robbery, or other circumstances in which the offender did not directly assist in killing the victim or was not a key participant in the underlying felony who acted with careless negligence to the life of the deceased?

To put it simply, SB 1437 would make it unlawful for a person to be held liable for murder if that person did not act with careless disregard or indifference to human life in regards to the deceased, and did not kill or intend to kill the victim.

According to reports, in San Diego alone there are about 150 cases that could be affected by the new law; those convicted of felony murder could ultimately find themselves free and outside of prison walls should a second chance in court prove successful. In total, up to 800 cases in California might be impacted by this new change to the state’s felony murder law. While some are praising the new law, others believe it goes too far and could put the public’s safety in jeopardy.

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