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swchandler
Joined: 08 Nov 1993
Posts: 10588
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 Posted: Fri Apr 14, 2023 3:59 pm Post subject: |
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| techno900, do you really think that the opinion that you posted offers a reasonably unbiased view of the situation? Clearly it doesn't in my view, but don't use that to foolishly assume that I'm cheerleader for letting untold Death Row inmates off scot-free. I think that you need to look a lot deeper to see the truth. |
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mac
Joined: 07 Mar 1999
Posts: 17748
Location: Berkeley, California
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| Posted: Fri Apr 14, 2023 8:14 pm Post subject: |
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| techno900 wrote: | | Quote: | California Bill Will Release Death Sentenced Murderers After 20 Years
These are murderers who killed multiple victims or killed in concert with a rape, robbery, kidnapping or torture
By Michael Rushford, April 11, 2023 3:52 pm
The California Senate Public Safety Committee voted on a bill Tuesday to give the state’s worst murderers, who have been sentenced to death or life without the possibility of parole (LWOP), the opportunity to have their sentences invalidated and make them eligible for parole.
Senate Bill 94, authored by Senator Dave Cortese (D-Santa Clara), specifies that criminals convicted of murder with special circumstances before June 5, 1990, and sentenced to death or LWOP would be provided with a public defender to petition for recall and resentencing. The bill would authorize the court to modify the murderer’s sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the murderer’s conviction and impose judgment on a lesser included offense.
Among the murderers who could apply for a sentence reduction and possible release is Tiequon Cox, who in 1984, went to the wrong Los Angeles home for a gang-revenge killing and murdered a mother, her daughter and two of her grandchildren. Cox was sentenced to death for these crimes. In 2004, while on death row, Cox stabbed another condemned murderer and, along with three other murderers, cut a hole in the San Quentin fence and nearly escaped.
Co-authors of SB94 include Democrat Senators Josh Becker (D-San Mateo), Senator Nancy Skinner (D-Berkeley), Senator Scott Wiener (D-San Francisco), and Assemblywoman Corrie Jackson (D-Riverside) and Assemblywoman Akilah Weber (D-San Diego).
The beneficiaries of this measure, if passed, will be criminals convicted of first-degree murder with special circumstances. These are murderers who killed multiple victims or killed in concert with a rape, robbery, kidnapping or torture. While it would seem unthinkable for any legislator, let alone a group of them, to want their names on a bill that would allow murderers like these to go free, bear in mind that Los Angeles District Attorney George Gascón, Alameda County DA Pamela Price and California Attorney General Rob Bonta all support setting murderers free after 15-20 years in prison.
With the recent fatal shooting of a 5-year-old girl riding in the backseat of her parents car on a bay area freeway, last week’s fatal stabbing of revered tech executive Bob Lee on a San Francisco sidewalk, and the random murder of an innocent hostage and injury of two others at a Roseville Park, the slogan “no justice, no peace” seems quite appropriate for the Golden State.
This article was updated to reflect that the bill was already heard Tuesday. |
https://californiaglobe.com/articles/california-bill-will-release-death-sentenced-murderers-after-20-years/ |
So Techno gets ginned up to start a right wing rant about freeing murderers. While the governor of Texas pledges to free a murderer—because he murdered a protestor.
Think for yourself? Too old and fearful.
[quote] Gov. Greg Abbott directed the Texas Board of Pardons and Paroles to consider recommending a pardon for Daniel Perry on Saturday, one day after a Travis County jury convicted the U.S. Army sergeant in the 2020 murder of Austin protester Garrett Foster.
After 17 hours of deliberations and an eight-day trial, jurors Friday found Perry guilty of murder for shooting and killing Foster, who was armed with an AK-47 as part of a group protesting police brutality. Perry, an Uber driver, had encountered the protest a few blocks from the Capitol in downtown Austin.
Under pressure from conservatives, Abbott announced Saturday that he asked the parole board to review Perry’s conviction on an expedited basis. The Texas Constitution, he said, requires the parole board to recommend a pardon before a governor could act.[quote] |
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techno900
Joined: 28 Mar 2001
Posts: 4161
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| Posted: Sat Apr 15, 2023 8:08 am Post subject: |
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It still seems nutty to me. Care to comment on the Bill:
| Quote: | AMENDED IN SENATE MARCH 23, 2023
SENATE BILL No. 94
Introduced by Senator Cortese
(Principal coauthor: Senator Becker)
(Coauthors: Senators Skinner and Wiener)
(Coauthors: Assembly Members Jackson and Weber)
January 18, 2023
An act to add Section 1172.5 to the Penal Code, relating to sentencing.
legislative counsel’s digest
SB 94, as amended, Cortese. Recall and resentencing: special
circumstances.
Existing law provides for various specified special circumstances,
including murder committed for financial gain or committed during the
commission or attempted commission of certain felonies, which, if
found true as specified, require a defendant found guilty of murder in
the first degree to be sentenced to death or imprisonment for life without
the possibility of parole. Existing law, added by Proposition 115 of the
June 5, 1990, statewide primary election, prohibits a judge from striking
or dismissing any special circumstance that is admitted by plea or found
true by a jury or court, as specified. Existing law generally authorizes
a court to dismiss an action or to strike or dismiss an enhancement in
the furtherance of justice, except if dismissal of that enhancement is
prohibited by any initiative statute.
This bill would authorize an individual sentenced to death or life
imprisonment without the possibility of parole for a conviction in which
one or more special circumstances were found to be true to petition for
recall and resentencing if the offense occurred before June 5, 1990, and
the individual has served at least 20 years in custody. The bill would
authorize the court to modify the petitioner’s sentence to impose a lesser
sentence and apply any changes in law that reduce sentences or provide
for judicial discretion, or to vacate the petitioner’s conviction and impose
judgment on a lesser included offense, as specified. The bill would
require a court to consider and afford great weight to evidence offered
by the petitioner to prove that specified mitigating circumstances are
present. The bill would provide that proof of the presence of one or
more specified mitigating circumstances weighs greatly in favor of
dismissing a special circumstance, unless the court finds that petitioner
is currently an unreasonable risk of danger to public safety, as defined.
The bill would require the court to appoint the State Public Defender
or other qualified counsel for an indigent petitioner.
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Mac's post about one case in Texas, is more than a feeble attempt to divert from this new Calif. bill |
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swchandler
Joined: 08 Nov 1993
Posts: 10588
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| Posted: Sat Apr 15, 2023 1:12 pm Post subject: |
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The proposed change to the law opens the door to considerations that might have an affect on a case after over a minimum of 20 years of prison. It's a long way from just letting convicted murders off scot-free like your "nutty" opinion piece seemed to suggest.
Do you have any faith in our court system today? |
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mac
Joined: 07 Mar 1999
Posts: 17748
Location: Berkeley, California
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| Posted: Sat Apr 15, 2023 1:52 pm Post subject: |
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| swchandler wrote: | The proposed change to the law opens the door to considerations that might have an affect on a case after over a minimum of 20 years of prison. It's a long way from just letting convicted murders off scot-free like your "nutty" opinion piece seemed to suggest.
Do you have any faith in our court system today? |
Chandler--there is actually a little more to it than that, and it is pretty tame. The current law, passed by Republicans when we were trying to see if we could get a higher percentage of people into prison than any other state or country, took away judicial discretion to reduce sentences. This reintroduces it--but only after twenty years in prison. Currently parole boards have discretion to reduce sentences, but not, I believe, in special circumstances cases. The governor can, of course, pardon people, but not without blow back. If this passes, nobody gets out of jail automatically--but judges regain their ability to assess the particulars of a case and reduce sentences if warranted,
The Texas case is much scarier--it is a get-out-of jail card for a man who murdered a black lives matter protestor. It is a green light to the violence of the right--demanded by the right. Kind of like Fat Donny pardoning most of his fellow criminals.
Techno is again woefully uninformed but happily ginned up by a right wing site. |
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vientomas
Joined: 25 Apr 2000
Posts: 2343
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| Posted: Sat Apr 15, 2023 2:29 pm Post subject: |
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| techno900 wrote: | It still seems nutty to me. Care to comment on the Bill:
| Quote: | AMENDED IN SENATE MARCH 23, 2023
SENATE BILL No. 94
Introduced by Senator Cortese
(Principal coauthor: Senator Becker)
(Coauthors: Senators Skinner and Wiener)
(Coauthors: Assembly Members Jackson and Weber)
January 18, 2023
An act to add Section 1172.5 to the Penal Code, relating to sentencing.
legislative counsel’s digest
SB 94, as amended, Cortese. Recall and resentencing: special
circumstances.
Existing law provides for various specified special circumstances,
including murder committed for financial gain or committed during the
commission or attempted commission of certain felonies, which, if
found true as specified, require a defendant found guilty of murder in
the first degree to be sentenced to death or imprisonment for life without
the possibility of parole. Existing law, added by Proposition 115 of the
June 5, 1990, statewide primary election, prohibits a judge from striking
or dismissing any special circumstance that is admitted by plea or found
true by a jury or court, as specified. Existing law generally authorizes
a court to dismiss an action or to strike or dismiss an enhancement in
the furtherance of justice, except if dismissal of that enhancement is
prohibited by any initiative statute.
This bill would authorize an individual sentenced to death or life
imprisonment without the possibility of parole for a conviction in which
one or more special circumstances were found to be true to petition for
recall and resentencing if the offense occurred before June 5, 1990, and
the individual has served at least 20 years in custody. The bill would
authorize the court to modify the petitioner’s sentence to impose a lesser
sentence and apply any changes in law that reduce sentences or provide
for judicial discretion, or to vacate the petitioner’s conviction and impose
judgment on a lesser included offense, as specified. The bill would
require a court to consider and afford great weight to evidence offered
by the petitioner to prove that specified mitigating circumstances are
present. The bill would provide that proof of the presence of one or
more specified mitigating circumstances weighs greatly in favor of
dismissing a special circumstance, unless the court finds that petitioner
is currently an unreasonable risk of danger to public safety, as defined.
The bill would require the court to appoint the State Public Defender
or other qualified counsel for an indigent petitioner.
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Mac's post about one case in Texas, is more than a feeble attempt to divert from this new Calif. bill |
Jesus man! You were a teacher?! What you posted is not the bill, it is an abstract. The text of the bill can be found here:
https://openstates.org/ca/bills/20232024/SB94/
Click "View Latest Bill Text" |
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techno900
Joined: 28 Mar 2001
Posts: 4161
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| Posted: Sun Apr 16, 2023 8:19 am Post subject: |
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vientomas,
And the difference between the abstract and the actual bill when it comes to its potential impact is??????
Your point is meaningless.
Last edited by techno900 on Sun Apr 16, 2023 12:24 pm; edited 1 time in total |
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boggsman1
Joined: 24 Jun 2002
Posts: 9120
Location: at a computer
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| Posted: Sun Apr 16, 2023 10:01 am Post subject: |
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| Technoo.. care to comment on the fact that poor , Republican led states in the Southeast have much higher murder rates than "nutty" CA.. I'm confident that even if murderers are eligible for parole , the system will do the right thing , but I certainly thank you for a carefully worded hack piece .. |
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techno900
Joined: 28 Mar 2001
Posts: 4161
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| Posted: Sun Apr 16, 2023 12:42 pm Post subject: |
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| boggsman1 wrote: | | Technoo.. care to comment on the fact that poor , Republican led states in the Southeast have much higher murder rates than "nutty" CA.. I'm confident that even if murderers are eligible for parole , the system will do the right thing , but I certainly thank you for a carefully worded hack piece .. |
The issue isn't murder rates. It's what states do after convictions, and it seems that liberal states are more forgiving when it comes to crimes than conservative states.
From Pew Research Center:
| Quote: | | Democrats and Democratic-leaning independents are much more likely to say people convicted of crimes spend too much time in prison than to say they spend too little time behind bars (41% vs. 21%). The reverse is true among Republicans and Republican-leaning independents: 44% of Republicans say people convicted of crimes spend too little time in prison, while 14% say they spend too much time behind bars. Around a third of Democrats and Democratic leaners (35%) and a slightly higher share of Republicans and GOP leaners (39%) say people convicted of crimes spend about the right amount of time in prison. |
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mac
Joined: 07 Mar 1999
Posts: 17748
Location: Berkeley, California
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| Posted: Sun Apr 16, 2023 6:28 pm Post subject: |
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| techno900 wrote: | | boggsman1 wrote: | | Technoo.. care to comment on the fact that poor , Republican led states in the Southeast have much higher murder rates than "nutty" CA.. I'm confident that even if murderers are eligible for parole , the system will do the right thing , but I certainly thank you for a carefully worded hack piece .. |
The issue isn't murder rates. It's what states do after convictions, and it seems that liberal states are more forgiving when it comes to crimes than conservative states.
From Pew Research Center:
| Quote: | | Democrats and Democratic-leaning independents are much more likely to say people convicted of crimes spend too much time in prison than to say they spend too little time behind bars (41% vs. 21%). The reverse is true among Republicans and Republican-leaning independents: 44% of Republicans say people convicted of crimes spend too little time in prison, while 14% say they spend too much time behind bars. Around a third of Democrats and Democratic leaners (35%) and a slightly higher share of Republicans and GOP leaners (39%) say people convicted of crimes spend about the right amount of time in prison. |
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The difference is one of actually paying attention to facts. Violent crimes are a phenomenon of the young. The rate of crimes committed has much to do with the age cohorts, and particularly the age cohort of the poor and poorly educated with few economic opportunities. Policing responds, and reduces opportunity crimes, but really doesn't have much impact on violent crimes. Putting violent people in jail is a really good idea. Considering letting them out after twenty years, which is all that this bill does, has little to do with whether they will commit another crime. Their age and their physical condition, and what they might have done in prison does. All the bill does is let a judge consider that.
But any right wing e-mail will get Techno going--we already know that. |
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