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2 years ago tonight @JerryBrownGov signed @NancySkinnerCA's #sb1437 into law, ending the felony murder rule and the "natural and probable consequences doctrine" which made any participant in a crime, even in a misdemeanor, liable for murder when an accomplice killed on their own.
An amazing thing about this law is that it was retroactive. The Legislature and Jerry were saying, in effect, if a law is unjust today, it was unjust yesterday.
And we're going to open the prison doors.
And we're going to open the prison doors.
And most DAs (not all! -- not @GeorgeGascon, not @chesaboudin, not @DADianaBecton) fought to keep people in.
Most DAs said these people who hadn't killed anyone were murderers.
They were not.
Most DAs said the law was unconstitutional.
It was not.
Most DAs said these people who hadn't killed anyone were murderers.
They were not.
Most DAs said the law was unconstitutional.
It was not.
Every single CA Court of Appeal has now said it is constitutional.
The constitutionality of this won't even go to the CA Supreme Court, because the lower courts all agree.
This was just a delay tactic by the DAs who wanted to keep people in cages.
The constitutionality of this won't even go to the CA Supreme Court, because the lower courts all agree.
This was just a delay tactic by the DAs who wanted to keep people in cages.
But they could not stop this mother and child reunion.
They could not stop this father and daughter reunion.
They could not stop this.
They could not stop this
They couldn't stop this smile.
They didn't stop this: "After 27 years he was resentenced to robbery 5 years time served and is now home. 9-2-19 Thank God for SB1437."
And they didn't stop Michael and Bobby.
So tonight I'm writing an amicus brief on a case involving #SB1437 (no rest for the wicked) & thinking about all the people that have come home and all the people who still need to come home.
The DA's (and now COVID) have delayed re-sentencings. But more are coming home.
The DA's (and now COVID) have delayed re-sentencings. But more are coming home.
But, I'm unpinning the Stanley Mosk picture tomorrow.
When we were going through the Legislature, I thought of Stanley. I'd ask him for help. I talked about him a lot. I vowed to keep his picture up until all the courts had decided. They've all decided.
Stanley won.
When we were going through the Legislature, I thought of Stanley. I'd ask him for help. I talked about him a lot. I vowed to keep his picture up until all the courts had decided. They've all decided.
Stanley won.
