Among California’s criminal justice reforms, the advent of Franklin hearings for convicted inmates stands out. These hearings can potentially lead to your loved one’s release from prison, albeit under certain conditions. Primarily, Franklin hearings are reserved for individuals who were convicted of significant crimes during their youth. Keep reading to learn more and contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Decoding Franklin Hearing
The name ‘Franklin hearing’ stems from a 2016 California Supreme Court case. Essentially, a Franklin hearing operates as a sentencing hearing for inmates found guilty of serious crimes when they were under the age of 26. At the hearing, the inmate is allowed to present mitigating evidence regarding their age and other factors. A mitigating factor may not absolve a person of guilt but can provide insights into their behavior.
Notably, the inmate does not contest their guilt during a Franklin hearing. Instead, they shed light on the circumstances or reasons that led to their actions. Some of the mitigating evidence that can be introduced at a Franklin hearing includes:
- Age at the time of the offense
- Mental or emotional maturity at the time of the crime
- A turbulent or unstable upbringing
- Limited understanding of the consequences of their actions
- Evidence of emotional growth while incarcerated
Inmates often highlight their clean prison records, positive risk assessments, and psychological evaluations to demonstrate their transformation. The evidence put forth in a Franklin hearing can later inform a conventional Board of Parole review.
Defining Controlling Offense
Regrettably, Franklin hearings are exclusive to prisoners convicted of a “controlling offense.” This term refers to serious crimes such as rape, murder, and manslaughter. Moreover, the prisoner must have been sentenced to the maximum term allowable by law to classify their crime as a controlling offense.
To be considered for a Franklin hearing, the individual must have been convicted of a crime committed when they were 25 years or younger. The crime should also be determinative or carry a maximum penalty of life imprisonment.
The Aftermath of a Franklin Hearing
The basis of a Franklin hearing lies in the constitutional safeguard against excessive and cruel punishments. As per the Supreme Court, courts should consider youth-related evidence before imposing lengthy prison sentences on juveniles or young adults. Mitigating factors can provide age-based explanations for the convicted individual’s conduct.
If a court fails to consider the defendant’s age and related mitigating factors during sentencing, it may be violating the inmate’s constitutional rights. A Franklin hearing, therefore, exists to allow inmates to demonstrate how consideration of these factors could have resulted in a lesser sentence.
An attorney needs to petition for a Franklin hearing for your loved one. Without such a hearing, when the inmate becomes eligible for their first Board of Parole hearing, this evidence will likely not be in the record or considered. But, following a Franklin hearing, the Board will take into account the mitigating factors when the inmate applies for parole, aiding them in determining the prisoner’s suitability for release.
If you reside in Anaheim, California, and believe a loved one might qualify for a Franklin hearing, reach out to the Chambers Law Firm. Our committed team of attorneys can assess their eligibility and pursue a hearing. Schedule a no-obligation consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
