DPF News on SB 171 & SB1544

Death Penalty Focus
870 Market St. Ste. 859 San Francisco, CA 94102
Tel. 415-243-0143 - Fax 415-243-0994 - http://www.deathpenalty.org

Dear Friends,

It is with great disappointment that I inform you that two bills (SB171 and SB1544), which would have helped to prevent the wrongful conviction of innocent persons, were vetoed by the governor last weekend. However, we are still extremely heartened by the fact that the California State Legislature demonstrated a high level of integrity and a true commitment to fairness and justice in passing these important pieces of legislation. As you will see in the news article I have included below, Former Attorney General and Chair of the California Commission on the Fair Administration of Justice, John Van de Kamp is optimistic that these important reforms will be signed into law the future.

We strongly encourage you to send thank you notes and letter of appreciation to those legislators who supported these measures and encourage them to support these reforms in the future.

A list of the legislators who supported SB1544 and the Governor's veto message can be read at: http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1544&sess=CUR&house=B&author=migden

A list of the legislators who supported SB171 and the Governor's veto message can be read at: http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_171&sess=CUR&house=B&author=alquist

To look up your legislator using your zip code, visit: http://www.leginfo.ca.gov/yourleg.html


While it is easy to be discouraged when important legislation like this is vetoed, we must remember that throughout history, most legislation worth fighting for has not been immediately embraced by politicians or the public. In many instances bills were defeated numerous times before they eventually gained enough support to be passed into law (For example, a bill creating a death penalty study commission in New Jersey was vetoed in 2004, but just two years later, a bill establishing a moratorium on executions and a death penalty study commission was signed into law). Our collective effort to pass critical reform legislation like this helps to bring the issues of wrongful conviction and the death penalty into the public consciousness and advance the public dialogue.

As the Rev. Dr. Martin Luther King, Jr. once said, "The arc of the moral universe is long, but it bends towards justice." Together, we will eventually realize Dr. King's vision of a more fair and just society. Thank you for being part of this important struggle.

Sincerely,

The Staff of Death Penalty Focus
(Lance, Stefanie, Alison & Krista)


October 03, 2006
VETOES SINK REFORMS FOR JUSTICE SYSTEM
Panel's Legislation Sought to Avoid Conviction Errors
By Linda Rapattoni
Daily Journal Staff Writer

SACRAMENTO - Former California Attorney General John Van de Kamp said Monday that he believes Gov. Arnold Schwarzenegger misunderstood recommendations made by a bipartisan commission when he vetoed proposed reforms to the state's justice system.

On Saturday, the governor vetoed bills that would have required law enforcement officers to record interrogations in homicide and violent-felony investigations and set up guidelines to ensure accuracy of eyewitnesses.

Van de Kamp is chairman of the California Commission on the Fair Administration of Justice, which made the proposals. The commission is exploring ways to eliminate wrongful criminal convictions. He said the governor's staff did not seek clarification of the commission's proposals and apparently misunderstood how they would operate.

"We are gratified by the strong legislative support for our recommendations and remain optimistic that once the governor's staff understands the reasons for these measures, we can reach closure with language he is willing to accept," he said.

The commission, composed of representatives of nearly every facet of criminal law, including prosecutors, defense lawyers and victim advocates, achieved "virtual unanimity" in its recommendations, Van de Kamp said. He said the commission would seek to reintroduce similar legislation in the next session.

Schwarzenegger is facing re-election in November, a time when most candidates are trying to appear tough on crime before an electorate that traditionally has voted against candidates they believe to be too lenient. In his veto message, the governor said the measures "denie[d] the public and their elected representatives the chance to approve or deny a statewide policy that could have a life-altering impact on an individual participating in our justice system."

SB 1544 by Sen. Carole Migden, D-San Francisco, would have required the Department of Justice and Commission on Peace Officer Standards and Training to develop statewide guidelines on the handling of eyewitness identifications.

The bill would have required the administrator of police lineups, in which a witness is asked to identify a suspect within a group of people, to not know who the suspect is. The measure also would have required members of the lineup to be presented sequentially and not simultaneously.

Research has shown mistaken identification is the leading cause of wrongful convictions, the commission said.

No group was listed in bill analyses as opposed when the Legislature voted to send it to the governor.

But in his veto message, Schwarzenegger said, "It is unthinkable that we would allow the DOJ and POST such unprecedented authority over a fundamental step in our criminal justice system."

In response, Van de Kamp said the delegation of authority by the Legislature has never been viewed as circumvention, and said the guidelines were to be developed with input from all criminal justice agencies.

"It is hard to imagine a more life-altering impact upon an individual than to be wrongfully convicted and sent to prison or executed," Van de Kamp said.

He said wrongful convictions impose tremendous costs on taxpayers through lawsuits and compensation.

Also Saturday, the governor vetoed SB 171, a bill that would have mandated electronic recording of interrogations of people when they are suspected of committing one of several violent crimes.

In its recommendations, the commission said a substantial number of police agencies already record interrogations.

In his veto message, Schwarzenegger objected to a definition of "custodial interrogation" he said differed from one used by the U.S. Supreme Court, and said the bill did not specify what "suspected" meant, when it required recording of someone suspected of a crime.

"These drafting errors could lead to confusion for all involved parties and potential situations where law enforcement unknowingly fails to comply with the mandates of the bill," Schwarzenegger wrote.

Van de Kamp said the only difference in the bill's definition of "custodial interrogation" is it limited recordings to interrogations at the place of detention, rather than squad cars and other places that the court's definition included.

He said the bill did not create any loopholes for guilty persons to escape punishment, but would provide an objective and fair way to resolve claims that an interrogation was improperly coerced and would lead to less litigation.



Stefanie L. Faucher
Program Director

Death Penalty Focus
870 Market St. Ste. 859
San Francisco, CA 94102
Tel. 415-243-0143
Fax 415-243-0994
mailto:stefanie [at] deathpenalty.org
http://www.deathpenalty.org
http://www.californiamoratorium.org