Prison Term Policy

Prison Term Policy

Fidel Ramirez

CJA/314

October 2, 2013

Mr. Greg Reynolds

Prison Term Policy

As a Criminologist advisor and a member of the California's state legislature, the legislature's main body will take my recommendations under consideration to update a current law being passed that will maximum (double) a prison term for anyone sentenced to armed robbery in the state of California. It was explained to me by my employer that this bill is popular among most Californians, although my employer wonders if this bill will do much good, and stop future armed robberies in the state.

The new bill objectives are to add more incarceration time which will:

1. Increase prison term to anyone committing armed robbery

2. Deter persons from committing armed robbery

3. If the defendant has prior convictions under the "three strikes" law, the defendant will automatically receive life in a state prison under the same convictions.

California's State Legislature's goals for changing the current armed robbery bill are:

1. Deter criminals from the act itself

2. Longer periods of incarceration will discourage convicted felons being released from committing addition crimes.

3. Protect the public from repeat offenders

The current armed robbery crime rate in California has increase according to a new analysis of crime data released last Friday by the Attorney, General's Office. The increase occurred within the period immediately after the realignment started, Assembly Bill (AB) 109, reducing the overcrowding of California prisons.

Under California statue, the definition of robbery is "felonious taking of personal property in the possession of another, from his/her person or immediate presence, and against his/her will, accomplished by means of force or fear," California Penal Code (PC) section 211. Robbery is separated into two categories: first and second degree robbery. The penalties for robbery in the first degree are punishable by imprisonment for three to nine years, now penalties for robbery in the second degree are punishable by imprisonment for two to five years. When a firearm is introduced during a robbery offense California adds 10 extra years to the sentencing on top of awaiting sentence, if some reason the firearm discharged, regardless if it was unintentional or not while in the commission of the robbery, the defendant gets an automatic 20 years added to the sentence and if the defendant shoots someone he or her will face 25 years to life in prison.

Now if the defendant has a felony already, under California's "three strike" law, the sentence shall be twice the term and if the there are two felonies, it's three times the term, a mandatory 25 years to life will be imposed. Under the California's Penal Code (PC) section 1192.7, armed robbery is considered a violent felony that can count as a strike on your record. The state could also place the defendant in probation only on the second degree robberies (first timers), order them to do community service and have them pay back restitution.

A person accused of armed robbery is usually charged when a weapon is used while forcibly taking another person's property. Also a person can be charged with armed robbery even if no weapon was present during the robbery, when the person acted as if he had a weapon on his person.

The double maximum prison term for sentencing armed criminals would be a good idea with recommendations, starting with changing the minimum incarceration requirement. The current first degree of robbery penalties should be changed to six to twelve years, instead of three, six or nine years. Three years is a walk in the park for some of these career criminals, extending up twelve years depending on what occurred