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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #1  
Old 03-12-2019, 08:56 PM
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Default Newsom to Sign Executive Order Blocking Death Row Executions

Gov. Gavin Newsom is putting a moratorium on the death penalty in California, sparing the lives of more than 700 death-row inmates.

Newsom plans to sign an executive order Wednesday morning granting reprieves to all 737 Californians awaiting executions – a quarter of the country’s death row inmates.

His action comes three years after California voters rejected an initiative to end the death penalty, instead passing a measure to speed up executions.

Newsom says the death penalty system has discriminated against mentally ill defendants and people of color. It has not made the state safer and has wasted billions of taxpayer dollars, according to prepared remarks Newsom plans to deliver Wednesday morning when he signs the order.

https://www.sacbee.com/news/politics...52uVG5kVEmeAM0

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Old 03-12-2019, 11:37 PM
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I think there's alot of people that are innocent on deathrow & they also tend to forget about deathrow inmates. But I hope they also look into these inmates getting family visits. It could really cut down on rapes, violence, & give them something to look forward to
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Old 03-13-2019, 01:18 AM
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Link from news in UK regarding this .
https://www.bbc.com/news/world-us-canada-47549422
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Old 03-13-2019, 06:29 AM
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Default CA Govenor places moratorium on death penalty cases

SACRAMENTO, Calif. (AP) — The 737 inmates on California's largest-in-the-nation death row are getting a reprieve from Gov. Gavin Newsom, who plans to sign an executive order Wednesday placing a moratorium on executions.
Newsom also is withdrawing the lethal injection regulations that death penalty opponents already have tied up in courts and shuttering the new execution chamber at San Quentin State Prison that has never been used.











https://www.sfgate.com/news/crime/ar...n-13683975.php
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Old 03-13-2019, 09:35 PM
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That was a gutsy political move. Good for him. He is going to take a lot of heat for this decision; I hope he receives equally vocal support to counter that heat.
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Old 03-14-2019, 07:53 AM
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Not the first time Newsom has done something pretty gutsy.


I am still rather conflicted about the death penalty.
I do think having 727 people on death row for basically the rest of their natural lives is stupid, and wasteful.

But there are a few people who I think dont deserve to be alive. I wont name them but life without possible parole will at least keep them away from the public.
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Old 03-14-2019, 08:59 AM
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Quote:
Originally Posted by sidewalker View Post
Not the first time Newsom has done something pretty gutsy.


I am still rather conflicted about the death penalty.
I do think having 727 people on death row for basically the rest of their natural lives is stupid, and wasteful.

But there are a few people who I think dont deserve to be alive. I wont name them but life without possible parole will at least keep them away from the public.
I agree. I write a true crime blog and I have often said that I am not an advocate for or against the DP. I agree with it when there is absolutely NO question that the person committed the crime and it is one of extreme heinousness.
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Old 03-14-2019, 10:56 AM
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It could really cut down on rapes, violence, & give them something to look forward to
A bit off topic, but rape is a violent act that isn't satisfied by healthy intimate interaction. A person with sexual violence in their history would not have access to FV regardless of their sentence.

I'm glad to hear what Newsom has done regarding the death sentence. I feel like it's a pretty safe move, though, given CA's recent push to relax punitive measures. Other countries are definitely putting pressure, or at least making highly visible their feelings on our use of the death penalty so there's support on a greater scale, as well.

But what now? If you commute them to LWOP, you need to get programs in there that are currently restricted to DR inmates. It's fine (and good!) for Newsom to do this, but is CDC prepared to treat them as LWOP.
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Old 03-14-2019, 12:00 PM
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But what now? If you commute them to LWOP, you need to get programs in there that are currently restricted to DR inmates. It's fine (and good!) for Newsom to do this, but is CDC prepared to treat them as LWOP.
I was also curious about this Mia! What happens with their sentence? Do they remain on death row just no death? Or will they be resentenced to LWOP. Surely the latter, right? Anyway, made me very happy to see this! I can’t imagine how the guys on the row in Cali must have felt hearing this. Great news.
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Old 03-14-2019, 12:24 PM
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All death sentences are still in effect only delayed while Newsome is Governor .
Prosecutors may still file new death penalty case and seek the death sentence.
Governor Newsome did not do away with the death penalty only delayed it .

I just received a DP case for review on direct appeal to the California State Supreme Court last Friday. ( by accident or bad joke I don't get involve with DP case my own choice)I returned it to the attorneys I assist. The case in its self dug up way to many bad memories, first case in a long time that really got to me. Maybe I am just getting to old and sensitive. Trust me I have reviewed some very ugly cases ( and some other cases like WTF am I suppose to do with this thing)in the last 15 years. Usually I don't let the original case bother me just try to find issues that maybe brought up for an appeal. It would be OH so nice if defendant would not testify trying to think they are going to convince a jury. "They didn't do it'
Yeah way off topic along with my own personal rant
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Old 03-14-2019, 04:32 PM
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If he follows the IL model, then he will have clemency hearings for all those on death row. This might not be the case in CA, where you didn't have actually innocent people coming within hours of death before some Northwestern student journalists uncovered their innocence. I mean, you had a problem with cops actually beating confessions out of people there.

The governor can at any time grant clemency to anybody. In IL, they did the hearings to determine who had credible claims of actual innocence, who had credible claims that they were over prosecuted, and who is Charlie Manson when Furman v. gA came down the pike lucky and should be happy with LWOP. I believe Gov. Ryan let less than a dozen people just walk right off death row into freedom. The vast majority were granted clemency to the tune of LWOP.

Moratorium just means everything is frozen in place. clemency means the original sentence of death is changed. There would have to be a grant of clemency for this to have any real teeth, though I must admit, the picture of the dismantled gas chamber gurney and chairs is profound, and an indication that CA's governor may move towards a clemency grant.
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Old 03-14-2019, 04:36 PM
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Quote:
Originally Posted by Ladybug98 View Post
I think there's alot of people that are innocent on deathrow & they also tend to forget about deathrow inmates. But I hope they also look into these inmates getting family visits. It could really cut down on rapes, violence, & give them something to look forward to
Uh, no. If family visits had any affect on rape or rape violence, the vast majority of states would offer family visits to inmates. Statistics dont, bear this out. Further, rape and conjugal visits have nothing in common save the possibility of ejaculation.

Rape is violence. Rape in prison has nothing to do with ability to receive conjugals. Violence and rape do not go down in prisons or states where conjugals are not allowed.
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Old 03-14-2019, 04:42 PM
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But what now? If you commute them to LWOP, you need to get programs in there that are currently restricted to DR inmates. It's fine (and good!) for Newsom to do this, but is CDC prepared to treat them as LWOP.
I am not sure how this would work in CA.

I am sure that, like with IL and other states that abolished the death penalty, there will suddenly become a lot of funds available to corrections and others as a result of not having the death penalty.

Moratorium means no more DP trials, no more DP appeals. It means not having to find a doctor to write scripts for the drugs. It means no more death qualified juries. It means a lot of money suddenly freed up. Moratorium means the appeals will go on for the present, but no warrants will be signed. Depending on how the trial level is structured, either there will be no more funds made available to counties to pursue death penalty verdicts, or there will be no attorneys made available for death penalty cases. It can be a lot of money.

Look at it this way - the death house can sit empty for a while, can be converted into a new death house, or it suddenly became classroom space (or whatever) with a bunch of money available for staff for classes and programs.
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Old 03-14-2019, 05:13 PM
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Look at it this way - the death house can sit empty for a while, can be converted into a new death house, or it suddenly became classroom space (or whatever) with a bunch of money available for staff for classes and programs.
They've been "showing us the money" from their restructuring of sentencing for the last 4-5 years and unless this one is radically different than those, there will be no full coffers for DR folks. Sadly, CDC is still flailing under the fed order to stick to a population cap, they have 13 facilities that are in need of repairs in the billions of dollars while the public is (rightfully) pressuring them to end their private facility contracts. They are a bloated sector collapsing under the weight of excessive sentencing.

I'd love to see the DP abolished legislatively. Don't get me wrong-- a term-long moratorium is fantastic. But it's pause button.
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Old 03-14-2019, 06:48 PM
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Thanks for explaining a little further in depth guys
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Old 03-14-2019, 07:57 PM
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They've been "showing us the money" from their restructuring of sentencing for the last 4-5 years and unless this one is radically different than those, there will be no full coffers for DR folks. Sadly, CDC is still flailing under the fed order to stick to a population cap, they have 13 facilities that are in need of repairs in the billions of dollars while the public is (rightfully) pressuring them to end their private facility contracts. They are a bloated sector collapsing under the weight of excessive sentencing.

I'd love to see the DP abolished legislatively. Don't get me wrong-- a term-long moratorium is fantastic. But it's pause button.
With over 700 people under sentence of death, that is roughly $700m just in legal fees. If they then treat them as a class of segregated prisoners who are not on death row, the costs to the facility will decrease.

Don't get me wrong - San Quentin is one of those facilities needing a ton of repair. I get that. I get that there are big problems with the CDC, not the least of which was stripping out so many jobs programs that they can't even paint their own walls, let alone use inmates to address plumbing, etc, teaching them a useable skill for life on the outside, or inside as with prisoners serving LWOP.

There needs to be a fundamental change to corrections in most states as well as the feds. Warehousing is just too expensive all the way around.

But, integration of formerly death row prisoners can be done at a reduced cost to CDC. Will that happen? Probably not. But it won,t be the worst case scenario either. There are a bunch of high profile guys on DR who probably need to stay in some form of segregation for the rest of their lives. Now what programming those folks will get?

Just remember Charlie Starkweather and his girl. Starkweather was executed for their killing spree, girlfriend was not. Later, as part of prison reintegration program, the girl was photographed in a local bowling alley with a ball. Good idea - reintegration eligible prisoners eventually make their way into going out into the community and engaging in relatively normal things before going home to sleep in the facility. Bad execution - picture of the girl shows up in national papers everywhere. How many people would appreciate knowing that ascot apeterson or Charles Ng or any of a number of death row famous were being given anything? Lots of people begrudge them decent food, let alone the ability to actually breathe.

I imagine that if clemency is granted, they will slowly move each inmate to different facilities and afford them a level of programming commensurate with the CDC's ability to tolerate bad press. Though there will be some who will forever remain in segregation with nothing.
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Old 03-18-2019, 01:16 PM
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Am happy for this hopefully he can get off D/R but I think LWOP is better any day. He might have more freedom & they get family visits from what I heard. But I pray one day he'll come home
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Old 03-18-2019, 02:51 PM
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and for the old timers who have been living in a single cell, now they will get a cell mate and be out in general population which might prove a bit difficult for some. And then there is the question of legal help - if you are on death row, I think the state pays your attorney's fees, now if there is no death penalty, will they have to pay for their own lawyers if they are in the appeal process? It certainly beats living under the penalty of death but there will be other problems for them to contend with I am sure.
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Old 03-18-2019, 03:31 PM
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I think so too because from what I understand if you get off death row you'll be LWOP but I do believe there's alot of people are Innocent
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Old 04-16-2019, 02:18 PM
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I think it should be made clear that this a moratorium on executions. The people in California have voted twice now the past 10-15 years or so to keep the death penalty. It still exists. Executions are halted (not that any have occurred since 2006.) Everyone is still on Death Row that was there before and still faces eventual execution and the same restrictions.
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Old 04-23-2019, 08:59 PM
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Default California ACA-12. Major Legislation for California Death Penalty Repeal

Introduced by Assemblymember Marc Levine D-Marin County. This bill would amend the California constitution to repeal and eliminate the death penalty.

We've heard about Governor Newson's moratorium on the death penalty and all the attacks on that. This is a different level - repeal it. Mr. Levine has a large number of coauthors for this. But given the proposition a couple years ago to minimize death penalty appeals, speed up the the whole execution process, and the big fuss we've heard in the media about the moratorium, when word gets out - and that will be any day now, this is going to be a nationwide media shit show.

We should pay attention. It went into print in March. First hearings will be very soon. Since a constitutional amendment a 2/3 vote is required to pass. A gutsy move by Mr. Levine, he is putting himself out for attacks with this.

https://leginfo.legislature.ca.gov/f...201920200ACA12
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Old 04-23-2019, 09:04 PM
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I think it should be made clear that this a moratorium on executions. The people in California have voted twice now the past 10-15 years or so to keep the death penalty. It still exists. Executions are halted (not that any have occurred since 2006.) Everyone is still on Death Row that was there before and still faces eventual execution and the same restrictions.
That may change. I posted on ACA-12 in California forum. Assemblymember Marc Levine, D-Marin County introduced this legislation a few weeks ago to amend California constitution to repeal / eliminate death penalty in California.

Stay tuned....going to hear a lot very soon.
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Old 04-24-2019, 02:29 AM
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That may change. I posted on ACA-12 in California forum. Assemblymember Marc Levine, D-Marin County introduced this legislation a few weeks ago to amend California constitution to repeal / eliminate death penalty in California.

Stay tuned....going to hear a lot very soon.
True. My point is to current law, not proposed legislation. Some folks seem confused about what the moratorium actually means.
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Old 06-12-2019, 05:30 PM
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Default What's going to happen in CA since executions have been halted?

I was wondering if anybody knows where I can find more info on the stop of execution. I know it's stopped for rite now but I was trying to find out what's gonna happened to the inmates? Are they gonna let some go or LWOP them
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Old 06-12-2019, 05:49 PM
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My understanding was that the governor wouldn't sign off on executions, but that he wasn't also removing the DP from sentencing. Meaning they just sit with a DP sentence but no date. I know in the past, when the DP was removed, those folks were commuted to LWOP. So if I'm mistaken, that's what I would assume would happen again.
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