Legislation

Published on: November 7, 2012

Life Sentences Overturned – Three Strikes Reform Passed in California

On November 6, 2012, Californians voted in favor of Proposition 36, a ballot measure that allows for shorter sentences for some third-time offenders of the controversial “Three Strikes Law.”

The California Three Strikes Law was established in the 1990s and was intended to discourage repeat offenders from committing serious or violent crimes. Under the law, if a person is convicted of a serious or violent felony, it goes against their record as a “strike.” If he or she commits another serious or violent felony later, the sentencing gets harsher and a second strike is put on their record. Upon receiving a third strike, the criminal must be incarcerated in state prison for 25 years to life.

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Published on: October 12, 2012

Sex Offenders Must List Their Crimes on Facebook

by Staycie R. Sena

When a person is convicted of a sex crime, he or she is often required to register with that state’s sex offender registry. This registry is often made public and includes details of the individual’s crime(s), physical characteristics, and street address. Megan’s Law, as this is referred to, was enacted in response to the 1994 murder of 7-year old Megan Kanka. She was raped and murdered by a convicted sex offender who moved into a house across the street from the family without their knowledge.

Sex offender registration in many states is mandatory, and inclusion on the list often restricts an individual’s ability to obtain gainful employment, especially in professions involving children. Beyond that, cities impose their own ordinances regarding activities banned from sex offenders. In Orange County, sex offenders are banned from surfing at the Huntington Beach pier, fishing in Dana Point harbor, and accessing public parks in Mission Viejo. In Ventura suburb Simi Valley, an ordinance has been established prohibiting sex offenders from decorating their homes and giving away candy on Halloween.

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Published on: September 6, 2012

Essential Information About The Child Abuse Central Index (CACI)

by Staycie R. Sena

The Child Abuse Central Index (CACI) was created by the California Legislature in 1965 and is maintained by the California Department of Justice (CDOJ). In an effort to protect the health and safety of children in the state, individuals against whom issues of child neglect or abuse were reported and found to be substantiated are included on the CACI. As of 2011, it contained names of about 850,000 people who were suspected of physical, sexual, metal or emotional abuse and/or neglect of a minor.

People on this list have not necessarily been convicted of a crime, but surprisingly, until 2012, even people who were the subjects of investigations with unsubstantiated findings were likewise included on this list as a possible child abuser.

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Published on: August 7, 2012

What Happened at Band Camp?!

by Staycie R. Sena

If a female teacher has had sex with a former student when that student became an adult, should a jury know about it if she’s on trial for having sex with a minor student? Carlie Rose Attebury of Orange County, was recently found guilty of sex crimes involving a minor. During her trial, the prosecution introduced evidence that she had also had sex with three adult alumni of the school, shortly after they graduated.

Attebury, 32, was sentenced to 16 months in prison and forced to register as a sex offender. Her criminal defense attorney appealed the decision to the 4^th District Court of Appeal. The justices ruled that the testimony by the three alumni was too prejudicial and should not have been told to the jury. They held that evidence suggested that she schemed or planned to have sex with minors, even though the students were legal adults. Because that suggestion was likely to have prejudiced the jury and may have contributed to her conviction, the appellate court overturned her convictions.

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Published on: November 11, 2010

Jail Credits – No Longer 50%

by Staycie R. Sena

Family and friends of criminal defendants facing a lengthy incarceration in the Orange County jail have found some relief when told that an inmate is likely to only serve 50% of his sentence, with good time and/or work time credits. Someone sentenced to 180 days in jail would only serve an actual 90 days, thanks to emergency legislation earlier this year aimed at combating jail and prison overcrowding. That legislation has, however, come to an end.

On September 29, 2010, Governor Schwarzenegger legislation, effective immediately, which returned credit calculation to the previous system of 2/3 credits. If the crime discussed above were committed after September 29, 2010, the defendant would now serve 120 days of the 180 sentence, with good time/work time credits. Crimes committed before that date (but after the original legislation, reducing the credits) are still subject to 50% credits.

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