I do not wish to dwell too long on proposition 9 since it is not specifically the informational intent of this blog. However, it is evident that both propositions are quite similar in that they intend to keep prisoners in jail as long as possible.
Proposition 6 aims to extend the sentence for crimes such as adding five years for gang recruitment of minors and considering more violent crimes eligible for life in prison. Proposition 9 eliminates early release for prisoners, especially in county jails where this is more prominent. Jail time would also increase by allowing victims and the family of victims to participate in bail, sentencing and parole. Additionally, the safety of the victim would be considered in releasing the convicted person. Therefore, even though a person might have served their sentence, release would not certain.
Victims are entitled to guidance and participation in the judicial process. Victims are also entitled to restitution, as the prop proposes. However, though victims are given a greater role, the proposition extends their participation and reduces the defense of the convicted person. Victims have right, but perpetrators do so as well.
The following video claims that proposition 9 simply seeks to grant victims the same rights as the person convicted of the crime.
In the video, Harriet Salarno of Crime Victims United, claims that this proposition gives victims the same rights as perpetrators. While this proposition does give victims more rights, it gives them such rights that their unfair participation may infringe on the proper defense of the perpetrator.
Not only will their defense be restricted, but their parole hearings would be reduced and further apart. This proposition would take away the right of parolees to legal council which gives paroles a chance in a legal setting. Additionally, crime victims would have the constitutional right to not disclose confidential records to the defendant’s case and refuse to testify or provide evidence before the trial to the defendant’s case.
In all these changes, the “playing ground” as Salarno calls it, is not equal and does not grant both sides a fair way of pleading for their case. Proposition 9, in this case, does give victims more rights, but does not make the situation a more fair one.
AB 934: A LEGISLATIVE FIX FOR VERGARA?
9 years ago

1 comment:
wow thats some stuff...
i would have never thought of this!
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