ICYMI; FMEP Report Uncovers Truths About California Prison System

Last week, in collaboration with the UCLA Center for the Study of Women/Streisand Center, Felony Murder Elimination Program released a report of the Special Circumstances Conviction Project to analyze never before seen conviction data from state and local institutions to understand California’s criminal justice system. Specifically, this report examined the prevalence and impact of California’s special circumstance law, which delineates the conditions under which people can be sentenced to life without the possibility of parole (LWOP).

What was uncovered in this report should disturb advocates of fair and just sentencing and compassionate and sane criminal justice reforms.

52% of people sentenced to life without parole sentences - essentially death by incarceration - resulted from the use of the felony murder rule. This means that there was no need for prosecutors to prove that they committed, had any intent to commit, or had any intention to aid or abet a murder. Additionally, many of those death by incarceration sentences as a result of the application of a felony murder charge were only proven to have participated in a felony and acted "with reckless indifference to human life," which is a vague and ambiguous requirement, and certainly shouldn't be seen as a reasonable requisite to sentence someone to life without the hope of parole.

Take the story of Michael Powell, for example.

In 1999, Michael and a friend named Dennis tried to rob a 99 Cents store. While inside the store, a 12 year old shot and killed Dennis. Although it was proven that Michael played no direct role his friend's death, Michael was charged with felony murder and sentenced to life without parole. 

Michael remains in prison 22 years later.

These individuals are not eligible for compassionate release. Even if they only have weeks to live, they will never be allowed to see their families outside of prison walls.

The United States is the only industrialized country in the world where the felony murder rule is still in use. Only four states have outlawed the practice; we appreciate all the advocacy and support you provide to help us make California the fifth.

You can read and download this valuable report "Life Without Parole and Felony Murder Sentencing in California" as part of your advocate toolbox. As always, we are filled with gratitude for your continued support as we work toward our shared goals of a fairer and more just criminal justice system.