- United States
- Calif.
- Letter
End Felony Murder
To: Sen. Laird, Gov. Newsom, Asm. Pellerin
From: A constituent in Santa Cruz, CA
November 10
**Repeal California's Felony Murder Rule to End Mass Incarceration** I am writing to urge you to take immediate action to repeal California's felony murder rule, a critical step towards ending mass incarceration in our state. While Senate Bill 1437 in 2018 made significant changes to limit the application of this rule, it does not go far enough to address the fundamental injustice inherent in the concept of felony murder. The felony murder rule, as codified in California Penal Code § 189, allows individuals to be charged with first-degree murder for deaths that occur during the commission of certain felonies, even if they did not directly cause the death or intend for it to happen. This overly broad application of murder charges has contributed to California's overcrowded prison system and disproportionately affects marginalized communities. Despite the reforms introduced by SB 1437, the current law still allows for felony murder charge which does not deter crime. The concept of felony murder runs counter to the principle that criminal punishment should be proportional to culpability. It can result in excessive sentences that do not serve the interests of justice or public safety. Moreover, the threat of such severe charges can be used as leverage to coerce plea bargains, even from individuals who may be innocent or only peripherally involved in a crime. I urge you to introduce legislation to fully repeal the felony murder rule in California. This action would align our state with modern principles of criminal justice that focus on individual culpability and intent. It would also contribute significantly to reducing mass incarceration by ensuring that murder charges are reserved for those who truly intended to take a life. The time for bold reform is now. By eliminating the felony murder rule, we can take a substantial step towards a more just and equitable criminal legal system in California. I ask that you prioritize this issue and work towards its resolution in the current legislative session. Our communities deserve a justice system that is fair, proportional, and focused on rehabilitation rather than excessive punishment.
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