Articles Tagged with sentencing

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 conviction, with a defendant with two or more such prior convictions, receiving a mandatory sentence of 25 years to life. While the Three Strikes law has been widely criticized for leading to mass incarceration and for disproportionately affecting minorities and people of color, as well as for not having a significant impact on public safety, the law is still in effect and continues to have a severe impact on the lives of thousands of defendants.

Fortunately, in 1996, in the landmark case of People v. Superior Court (Romero), the California Supreme Court gave defendants a glimpse of hope when it held that a trial court, pursuant to section 1385(a) of the California Penal Code, may, on its own, and “in furtherance of justice” strike or vacate an allegation that a defendant has been previously convicted of a serious and/or violent felony.

In that case, the defendant, Jesus Romero, was charged with possession of 0.13 grams of cocaine. The offense by itself would have resulted in up to 3 years in prison. However, the prosecutor in the case also alleged that Romero had two prior “strike” convictions for residential burglary and for an attempted residential burglary, and under the new Three Strikes law, he was facing 25 years-to-life prison sentence for simple possession of narcotics.

In the last few years, California’s leaders have finally put the effort to improve the State’s criminal justice system and to course-correct its policies. One of the main principles of the criminal justice system is that the punishment has to fit the crime. However, during the 1990s, the California legislature actively pursued tough on crime policies and during that time enacted more than a hundred different sentence enhancements, which have added years to the prison terms of majority of inmates. The tough on crime policies and the aggressive laws enacted as a result, have not only distorted one of the most basic legal standards of the criminal justice system, but they have also had a devastating effect on thousands of inmates, on the state budget, and have disproportionately affected marginalized and minority communities.

In 2020, Governor Newsom commissioned the Committee on Revision of the Penal Code to thoroughly examine the California Penal Code and to issue recommendations for reform. When it came to sentence enhancements, overwhelming evidence was presented that their application has failed to improve public safety and has resulted in unnecessarily long incarcerations and inequity. Studies have shown that these enhancements, which are not elements of the crime and could result in double the time a person spends in prison, have been applied disproportionately to people of color and those suffering of mental illness. During testimony before the Committee, the former Governor Brown argued that California should abolish all enhancements or, at minimum, give judges better guidance on how and when they should be applied to avoid arbitrary use.

Prior to SB 81, while judges had the authority to dismiss sentence enhancements, they almost never did so, as the law provided them with no clear guidance. Even the California Supreme Court had noted that the standards used by judges are vague. As a result, based on the Committee’s findings and recommendations on the issue, SB 81 was passed and Governor Newsom signed it into law on October 8, 2021. SB 81 became effective on January 1, 2022. Senator Skinner, who introduced the bill, has said that “SB 81 sends a clear message to our courts: Let’s use sentence enhancements judiciously and only when necessary to protect the public.”

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