CACJ Co-Sponsored Bill Passes Senate Floor Vote
Last week, CACJ's co-sponsored bill,
SB 1242 authored by Senator Ricardo Lara, passed the Senate Floor 30-8. In 2014,
SB 1310 which added Penal Code 18.5 to reduce the maximum misdemeanor penalty
by one day from 365 to 364 to avoid adverse immigration consequences for
low-level misdemeanor crimes. This one-day change corrected a glitch between
California criminal and federal immigration laws, which led to families
being torn apart because of deportation. SB 1242 makes this one-day change
CACJ calls on our members to end the death penalty in California by supporting the
Justice that Works Act of 2016.
Justice That Works 2016 is gearing up for a statewide vote in November.
Please support the measure by
DONATING to the campaign. This is our moment to make history.
- Eliminates the possibility of executing an innocent person
- Saves $1 billion dollars over the next 7 years
- Serious offenders must work and pay restitution to victim’s families
Registration ends this Friday:
CACJ's Criminal Law Hands-On Series: Incorporating Themes & Theories
CACJ's Criminal Law Hands-On Series:
Incorporating Themes & Theories
May 7th, 2016
Cal Western School of Law
San Diego, CA
This unique workshop is the third in CACJ's "hands on" training
seminar series, which include participation by all attendees at every
level. Our faculty will be demonstrating how to incorporate a theme throughout
all the key segments of a jury trial, from motions through closing argument,
and teaching how to have it resonate with your jury.
Throughout the day each participant will use a given fact pattern and engage
in exercises that are constructively critiqued by our faculty in small
breakout sessions, learning by trial and error the best methods that will
work for their own clients in their own cases.
CACJ/NACDL's Annual Forensic Science Seminar in Las Vegas
"Making Sense of Science:
Forensic Science & the Law"
The Cosmopolitan Hotel, Las Vegas, NV
May 18-21, 2016
Big Names. Big Science, Big CLE--a Big Experience.
Join your nationwide NACDL colleagues in Las Vegas at the premiere venue--The
Cosmopolitan Hotel--for NACDL's 9th Annual Forensic Science &
the Law Conference, "Making Sense of Science." This two-day
event is produced in partnership with the California Attorneys for Criminal
Justice (CACJ), and will be held in a conjunction with the NACDL Spring
Board Meeting, and CACJ Board Meeting.
Don't miss this great opportunity for a no-nonsense, national networking
CLE featuring the leading faculty in their respective fields. Register, and
make your plans to attend TODAY!
CACJ submits an
Brief in support of a right to advisement of immigration consequences
CACJ has joined with the Lawyers' Committee for Civil Rights, and a
number of other organizations, in submitting an Amicus brief in the case of
In re Patterson. CACJ has previously argued that defendants in criminal cases must be fully
advised of potential adverse immigration consequences prior to entering
a plea, and as they consider their legal options. It is critical for the
defense bar to be fully aware of this obligation, and the need for reviewing
courts to properly consider the prejudice of failures to address immigration
consequences in an effective manner. Although this case is still in litigation,
CACJ has previously briefed this issue and renews its support for ensuring
that adverse immigration consequences are properly dealt with.
CACJ thanks Cody Harris and the Keker & Van Nest firm in San Francisco
for its work on this case.
Amicus Brief here.
Four of CACJ's bills passed out of committee!
, authored by Assemblywoman Patty Lopez, would amend Penal Code 141, creating
a felony for prosecuting attorneys who knowingly and intentionally withhold
exculpatory evidence. This bill is a continuation of CACJ's push to
highlight and address prosecutorial misconduct. The bill will head to
Assembly Appropriations next.
, authored by Senator Mark Leno, addresses California's felony sentencing
scheme, which is set to expire on January 1, 2017, and the Cunningham
v. California, 59 U.S. 270 (2007), decision. SB 1202 would provide that
the court may not impose an upper sentence based on aggravating facts
unless the facts were first presented to the jury and found to be true
beyond a reasonable doubt. It would also require the court to state the
reasons for its sentence choice on the record at the time of sentencing,
including the specific facts in aggravation, if any, the court relied
upon to impose an upper term. The bill will head to Assembly Appropriations next.
, authored by Senator Ricardo Lara, would amend Penal Code 18.5 to make
the law apply retroactively. In 2014, CACJ co-sponsored
, which lowered the maximum penalty for a misdemeanor by one day from 365
to 364 days. However,
language did not specifically state that the law applied retroactively.
This bill would make clear that those persons that received a one-year
misdemeanor means 364 days. This would have a massively positive effect
on those persons that have been placed in deportation proceedings for
a one-year misdemeanor, which is considered a felony for Federal immigration
purposes. The bill will head to the Senate floor next for a full vote.
, authored by Steven Glazer, would expand Penal Code 859.5, which requires
the recording of a custodial interrogation, to all persons suspected of
committing a crime of homicide. The bill will head to Senate Appropriations next.
Long Beach Post: CACJ co-sponsored Senate Bill 1242 aims to Prevent Unnecessary
Deportation of Legal Immigrants for Misdemeanors
In 2014, CACJ's co-sponsored legislation Senate Bill
, authored by Senator Ricardo Lara, a past CACJ legislator of the year
recipient, was passed. SB 1310 protects citizens who have committed low-level
misdemeanors from being deported by minimizing the maximum misdemeanor
sentence from 365 to 364 days. SB 1310 aligned state and federal law,
but solely on a prospective basis.
This year, CACJ is co-sponsoring Senate Bill 1242, authored by Senator
Lara, which applies
retroactively. CACJ's President Matthew Guerrero explains, "This
legislation simply applies current law to all Californians regardless
of how old these misdemeanor cases may be."
Read full article from the Long Beach Post
New Full-Color FORUM 42.4 is out, check your mailbox
CACJ is proud to announce an all new full-color FORUM has been published
and is on its way to our membership. Members can also view the FORUM on-line
in a digital FlippingBook
Death Penalty Committee Report: Dueling Death Penalty Initiatives
By Nancy Haydt, Esq. And Robert Boyce, Esq.
The Necessity of Recording Police Interviews: Accountability and Reliability
By Alexander Post, Esq.
The Dirty Harry Effect and The False Claim of A “War On Cops”
By Cris Lamb, Esq.
U.S. Supreme Court restricts forfeiture laws to protect right to counsel:
CACJ co-filed Amicus brief in
The United States Supreme Court has issued a decision in
Luis v. United States declaring federal forfeiture law in violation of the 6th Amendment Right
to Counsel if forfeiture includes untainted assets and restricts ability
to hire counsel. Over the last 5 years, CACJ has joined with other criminal
defense lawyer organizations in contesting the Government's broad
approach to the use of forfeiture laws to affect the ability of individuals
to retain counsel of choice, and to conduct a privately funded defense
where possible. In 2014, Chief Justice Roberts mentioned CACJ's briefing
attacking the degradation of the Sixth Amendment in the dissent that he
filed in Kaley v. United States 571 U.S.___(2014). This decision also
has language that reinforces the right to counsel and the need to properly
fund indigent defense. CACJ thanks Courtney Linn of the Orrick firm for
fine work on this case.
Click Here for the Amicus Brief
Click Here for the Ruling