In the past decade, the Governor and state legislature have worked to pass some significant criminal justice reforms, including what was known as the Felony Murder Rule. This rule currently holds at least 800 California inmates in prison for murder even though they did not actually commit said murder. Unfortunately, there are a few Southern California courts who are holding up the changes the governor and legislature have tried to make.
The Idea Behind the Felony Murder Rule
The basic idea behind the felony murder rule is that if a person committed a felony crime and their accomplish killed someone during the course of the crime, the person could be charged with murder – even though it was the accomplice that was responsible for the murder. This was considered unfair by many social justice advocates.
2018 Changes to the Felony Murder Rule
In 2018, a new law was passed and signed in California that made significant changes to the felony murder rule. While it did not do away with it entirely, it did restrict the law to situations in which the person being charged with felony murder acting acted in the killing, aided in the killing with the intent to do so, or who acted so recklessly in disregard for human life that a person was killed. This meant that only those who had some active part in the murder could be charged.
A Judge in Orange County Has Ruled the Law Unconstitutional
After the law was signed, there were hundreds of inmates in the state who were eligible to have the court look at their cases to see if their charges could be amended due to the new law. This led to some inmates being released. However, there is a judge in Orange County who didn’t agree with the law, acted accordingly, and now a new trend has followed in which several other courts are doing the same thing.
According to the judge in Orange County, in 1978 and 1990, voters passed ballot measures that included instituting and continuing the felony murder law. As a result, the judge says that the law that passed the legislature should not supersede the will of the people. On the other hand, Los Angeles judges are following the law and resentencing people based on the new law.
What to Do if You or a Loved One Has Been Charged via the Felony Murder Law
If you or a loved one has been sentenced to felony murder under the previous law and want to know if you are eligible for resentencing, it is worth contacting Chambers Law Firm to find out what your options are. Note that this is not the same thing as requesting an appeal, though we can help with that too. Call now at 714-760-4088 to get the process started.
