California Policies

Three Strikes Sentencing Looses.Family Wins.Father Home to Raise Baby Girl

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This smiling young father was facing a shakespearean tragedy just 8 months ago. The same day his daughter was born, he was told he was facing a life sentence. The extreme sentencing came from California’s Three Strikes Law — the sentencing scheme that is on the ballot for reform this November. ACJP organizer Gail Noble worked with the family to create a “mitigation packet” which was comprised of a biography of the young man’s social history, support letters, photos of his life, and a description of his intention if allowed to return to his family. The packet, through the attorney, was given to the court for review when determining sentencing. The life sentence went down to an 8 month county sentence — the amount of time the charge would normally hold without 3 Strikes. The defense attorney told ACJP, “That packet is the reason he is coming home.”

Palo Alto Weekly: When Sentencing Young Lawbreakers, Race Matters, Study Funds

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Thought provoking study by Stanford University’s Department of Psychology that found that when people were told that a juvenile defendant was Black, the consequences for the crime were harsher than if the juvenile defendant was White.  More than just proving that racial prejudice exists, the authors of the study worry about the implications of these results on the actual protections for juveniles under a system that is supposed to be considered rehabilitative.  At ACJP, we’ve seen this not just in the sentencing phase of a case but even at the charging stage.  We hope that this leads to a broader discussion of racism and the juvenile justice system. To read the full report, click here.  — Submission Post by Charisse Domingo

When sentencing young lawbreakers, race matters, study finds

Public favors harsher punishments when criminals are black, researchers say
by Sue Dremann
Palo Alto Weekly, 6/2/2012

People’s opinions on whether youth who break the law should be sentenced as adults vary significantly when a single word — black or white — is used to describe the defendant, a new study by Stanford University’s Department of Psychology has found.
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Bay Area Legal Leaders Move on From Their Posts, While Leaving a Legacy of Community Collaborations

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In one season, Bay Area families are seeing three prominent leaders of legal institutions that have fought for, and in some cases, created, protections for low-income and marginalized communities, leave their posts. Mary Greenwood, the Santa Clara County Public Defender, and Miguel Marquez, the Santa Clara County County Counsel, have been appointed by Governor Brown to move on judgeship. Michael Kresser, the Executive Director of the Sixth District Appellate Project, is retiring after helping start the non-profit in 1985. While the three led distinctively different agencies, each were able to advance the rights of indigent and marginalized communities through their willingness to listen to, and work with, the communities they served. Through their collective leadership, Santa Clara County expanded its indigent defense, held prosecutorial misconduct in check, and created nationally recognized policy protections for immigrants.

Certainly, as new leadership is developed at each respective legal agency, a continuance of this inclusive, community-partnering approach is vital to continue the legacy laid-down by Greenwood, Marquez, and Kresser. Continue reading →

Los Angeles Times: Agency That Runs California Courts ‘Dysfunctional,’ Report Says

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A recent report shames the California court system as “dysfunctional” and should be reorganized. Who suffers at the cost of this lavish bureaucracy are families and individuals who go to these courthouses fighting cases where they feel they have been wronged.  We are hopeful that this report can spark change. Submission Post by Charisse Domingo

Agency that runs California courts ‘dysfunctional,’ report says

By Maura Dolan, Los Angeles Times
May 30, 2012
The agency that runs the California court system has become “dysfunctional” and bloated with high-salaried bureaucrats and requires a major overhaul, according to a report ordered by California Chief Justice Tani Cantil-Sakauye.
The 300-page report, which will be presented to judicial branch leaders next month, comes as the courts are trying to stave off large budget cuts from Sacramento. Although ordered by Cantil-Sakauye and written by a committee she named, the highly critical evaluation may undermine the chief jurist’s efforts to roll back projected budget cuts of about $544 million.

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Ella Baker Center: Drugs can be Hell. Being Labelled a ‘Felon’ is a Killer.

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Here is a piece posted on “Ella’s Voice” from our friends at the Ella Baker Center. They are co-sponsoring a bill SB 1506 (Leno) that would treat drug possession for personal use as a misdemeanor rather then a felony. The bill would save the state tremendous amounts of needed resources, and take a step towards a more rationale response to drug use. As we know from the hundreds of families we have seen torn apart from overly punitive sentencing from drug charges, this bill could literally change the fate of families across the state. Check out the testimonial below.

By “Emily J” — It took me years to understand, but my history of drug addiction was a way to avoid dealing with issues I had. While I was in prison for a drug-related crime, my mother died. Then, my son was killed. I was devastated. No mother should ever have to go through what I went through. At that point, I decided I would do whatever it takes to overcome my addiction. I made a clean start. I moved to a new city where I didn’t know anyone and focused on staying sober and finding work. Continue reading →

Bump California death penalty measure from November ballot, group says: Mercury News

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Controversy on whether we should keep or be done with the death penalty within California. Where Do you side? -Post submission by Cesar Flores

A law-and-order group on Monday asked a state appeals court to bump a measure off the November ballot that would repeal California’s death penalty, arguing that it violates a state rule against proposing multiple reforms.

The ballot language is “deceptive” and conflicts with the state’s limit of voter initiatives to a single subject, the Criminal Justice Legal Foundation argues in a petition filed with the Sacramento-based 3rd District Court of Appeal.

The foundation brought the lawsuit on behalf of Phyllis Loya, the mother of a Pittsburg police officer fatally shot in 2005 whose killer was sent to death row by a Contra Costa County jury.

The SAFE California Act would abolish the death penalty, clear the state’s death row and replace capital punishment with life in prison without the possibility of parole. But the measure also provides for shifting as much as $100 million used for death penalty costs to a fund that would pay for solving murder and rape cases. Continue reading →

Calling in For Justice: EastValley ACJP Starts New Wrongful Conviction Case Via Phone from Prison Cell

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At last night’s ACJP meeting at East Valley Pentacostal Church, Becky took a call from a childhood friend who was wrongfully convicted and faces a life sentence. He has been incarcerated for the past 17 years. Today, ACJP begun the work to support him in his path to freedom. In the image, he is calling on speaker phone, with Becky listening while a pile of his paperwork is laid out on the table, waiting for us to review. Just after the call, we found out we got an ACJP member’s case from life to one year in county. So finishing beating one life sentence, and starting the path to beat another. Just another Tuesday night with Becky and the ACJP team at East Valley Pentacostal Church!

California Bills on Juveniles, Realignment, Reentry, and a New Life Sentence

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Our friends in Sacramento from the Criminal Justice Information Network sent us an update on the criminal justice bills being debated on the legislative floors. Below is a listing and their status. One particular bill that we have our eye on is AB 1709 — which would allow for jury trials for minors in particular cases. Interesting concept, wondering how it would impact conviction rates (what is called “sustained petitions” in juvenile court). Let us know what you think too! Post submission by Raj Jayadev

Bills on Juveniles, Realignment, Reentry, and a New Life Sentence 

Today in Assembly Public Safety Committee, bills that would support defendants and their families with record-sealing, reentry, and due process were approved. One bill to increase law enforcement representation on county realignment boards was also passed. Additionally, a bill to add a life sentence to the existing offense for human trafficking of a minor was voted down by the committee. Continue reading →

De-Bug Media: Profile of a Public Defender Who’s From the Community He Serves

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Andy Gutierrez, SCC Deputy Public Defender

Check out the profile of Santa Clara County Deputy Public Defender Andy Gutierrez. We first met Andy when he represented an ACJP family who’s grandmother was facing a 3 year sentence for an alleged dirty bottle. Everyone said it was a done deal – she was headed to prison. Gutierrez was determined to keep her with her family, and she ended up with an outpatient drug program instead. She is doing great, and it wouldn’t have happened without Andy.

By Diane Solomon — Andy Gutierrez defends poor people accused of committing Santa Clara County’s most heinous crimes. Before I spoke to him, his Deputy Public Defender job seemed awful and really hard to me. But when he explains his work, he conveys this sense of commitment, a calling to a higher purpose and enthusiasm.

“I always knew I wanted to go into criminal law because I just liked it. I like the science part of it; I like the investigation part of it. What happens when you have to champion the underdog all of the time is that the chips are always down, so your life is interesting because every person you have to help is usually an amazing challenge.” Continue reading →

Coming Up: Bills on Juveniles, Reentry, and Sentence Enhancements

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Our friends at the Criminal Justice Information Network sent us an update on upcoming bills coming out of Sacramento that impact our communities. Checkout the descriptions of five below. We met one of the authors of AB 1706, the one about jury trials for juveniles facing strikes, and she makes some powerful arguments. — Posted by Raj Jayadev

From the Criminal Justice Information Network — The Assembly Public Safety Committee has scheduled its next hearing for March 20th. The Senate Public Safety Committee will hold its next hearing for March 27th. Letters of opposition or support are due to the Public Safety Committees one week prior to the hearing in order for your organization to be listed in the committee analysis, or official background information for the bill. Below are a few bills to watch out for as we approach March 20th. Continue reading →