On July 16th, the 9th Circuit Court denied Brandon Hein's final request for a rehearing. This was Brandon's last chance so, after 15 years of passionate pleas and legal jockeying; Brandon is now destined to spend at least 10 more years in prison before he becomes eligible for parole. I can now say, without hesitation, that in all my years of studying and witnessing our judicial system, I have NEVER seen a greater miscarriage of justice.
What has become of our great nation? The fact that our country, the one that has been perceived to be the model for humanity, tolerance, and fairness, can allow such a travesty is terribly disconcerting. While we sit in judgment of the atrocities perpetrated by other nations, a young man in our own country will spend at least 25 years of his life for doing nothing more than being in the wrong place at the wrong time. Yes, it's that simple!
When I was first contacted regarding this decision, my first reaction was a physical one. The next was emotional as I hung my head in shame. Having lived through the Vietnam era, Watergate, the Iran-Contra affair, the invasion of Iraq, Abu Ghraib, and Gitmo; I can honestly say that this is the first time that I was ashamed to be an American. While some may view that as hyperbole-I can assure you that it is not.
Recently, the Supreme Court has made some rulings that I found to be contrary to the values instilled in me as a child. The two that immediately jump out are the ones dealing with post-conviction DNA testing and the decision to allow corporations to be granted the same rights as an individual in regard to campaign funding. While, in my estimation, they pale in comparison to the ruling handed down by the 9th Circuit Court; I find them to be quite disturbing nonetheless.
As a liberal, I am forever accused of ignoring both the intent of our founders and the sanctity of the Constitution. Truth be told, while I believe the founders to have been men of incredible courage and forethought; I also believe they were human beings with human flaws. And while I see the Constitution to be the foundation for the greatest nation on earth; I also see it as a document that needs to adjust with our forever changing times. How else does one explain the need for it to be amended 27 times since its initial ratification in 1787?
At the root of Brandon Hein's situation is the Murder-Felony Rule, an abomination that I have addressed in previous articles. I daresay that our founders never intended for our judicial system, at any level, to be granted the power to enact and employ such a hideous and inflexible law. The same can be said for the detention and treatment of a number of the prisoners still being held at Guantanamo Bay. Many of the detainees were deemed to be "non-combatants" and posed no threat to our country years ago (i.e. Ighurs). Yet, they still remain imprisoned. Two of the primary tenets of our judicial system, "due process" and "habeus corpus", have been all but ignored by our government-past and present.
Make no mistake about it; the American flag will still fly proudly from the porch of my home but our feeling of "exceptionalism" may require another look. Brandon Hein now faces the very real possibility of entering prison at the age of 18 and not leaving it until, at least, the age of 43! His fate now rests solely on a commutation of sentence by Governor Arnold Schwarnegger, who leaves office in January of 2011. It's important to note that were it not for Governor Schwarznegger, Brandon would not have a chance at parole at all. The Murder-Felony Rule offers only two options upon conviction: death or life without the possibility of parole.
I urge all of you, as both Americans and human beings, to write to Governor Schwarznegger pleading that this terrible injustice be minimized by commuting Brandon's sentence all together, before leaving office. For information on how to contact the governor and to learn more about Brandon's case, please go to: http://blog.brandonhein.com/
Showing posts with label murder-felony law. Show all posts
Showing posts with label murder-felony law. Show all posts
Friday, July 23, 2010
Monday, August 24, 2009
Brandon Hein and the Murder-Felony Rule
While perusing through the latest edition of Newsweek, I came across an op-ed entitled WRONG PLACE, WRONG TIME. The piece dealt with the plight of Brandon Hein, a young man who has been in prison for close to 14 years. Young Hein was sentenced in 1995 under the murder-felony rule that is only recognized in 24 states today. Reading this story brought me back to my days of studying Criminal Justice at Colorado Tech University. I recall, at the time, that I felt that the rule was inherently flawed in several ways. The penalty for being found guilty of felony-murder is limited to two options; death or life without the chance of parole. Though his sentence was commuted by Governor Schwarzenegger earlier this year; Brandon will still not be eligible for parole for another decade. A young man, who killed no one, will end up spending at least 24 years behind bars.
For those unfamiliar with Brandon’s story; I will do my best to summarize the events that led to his incarceration. On May 22, 1995, Brandon and a couple of his friends had been drinking and were in search of some marijuana. When they stopped by an acquaintance’s home to purchase the marijuana; a fight broke out between one of Brandon’s friends and one of the boys selling the marijuana. Unfortunately; a knife was introduced into the fight and the death of one of the dealers resulted. This occurred in Agoura Hills, CA; close to the site of the famous O.J. acquittal and the Menendez brothers’ hung jury. It’s also important to note that the youth who was killed was the son of a police officer.
I would like to clarify that I am in no way defending the actions of any of the youths. The problem I have is the American concept of the punishment befitting the crime. In cases where the murder-felony is invoked; the prosecution is at a distinct advantage since intent, a major component in any other murder case does not need to be established. Simply put: Anyone who is in the company of someone who commits a crime where a murder occurs is automatically charged with felony-murder. In this case; the crime was an apparent attempted robbery of an illegal substance. It is little wonder that 26 states do not have this rule. Had the tragedy not happened; I highly doubt the police would have been involved at all. I digress.
From the U.S. Supreme Court case Enmund v. Florida (1982):
“Neither deterrence of capital crimes nor retribution is a sufficient justification for executing petitioner. It is unlikely that the threat of the death penalty will measurably deter one such as petitioner, who does not intend to kill. As to retribution, this depends on the degree of petitioner’s culpability, which must be limited to his participation of the robbery.”
http://supreme.justia.com/us/458/782/
I am aware that judicial jargon is often difficult to decipher but let’s concentrate on the final line. “As to retribution, this depends on the degree of petitioner’s culpability, which must be limited to his participation of the robbery.” Aside from the fact that the robbery was of an illegal substance; Brandon’s sole participation was the robbery itself. While many, if not most, Supreme Court decisions are deemed to be precedents-Enmund v. Florida has been completely ignored.
To further highlight the injustice of Brandon’s case, let’s take a look at the sentencing guideline for 1st degree murder and its definition. In California, the sentence for 1st degree murder is 25 years to life. This leaves open the possibility of parole-Brandon’s doesn’t it. 1st degree murder is defined as: “An intentional killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated action.” First of all; Brandon’s sentence, even with the Governor’s commutation, is more severe than someone found guilty of premeditated murder. Second; by definition, 1st degree murder is FAR more heinous than anything Brandon did.
I consider the case of Brandon Hein to be both appalling and embarrassing for the entire judicial system. While Americans sit in judgment of Iran, China, and North Korea regarding their inhumane treatment of prisoners and their judicial system in general; an 18 year old young man has been forced to spend the most important years of his life in a maximum security prison. In order to reduce the budget woes of the state; California has announced that they intend to release 40,000 prisoners over the next two years. If Brandon Hein is not among the 40,000 released; the entire California legislature and its judicial system should be ashamed of themselves.
For anyone interested in learning more about Brandon; visit http:// www.brandonhein.com.
For those unfamiliar with Brandon’s story; I will do my best to summarize the events that led to his incarceration. On May 22, 1995, Brandon and a couple of his friends had been drinking and were in search of some marijuana. When they stopped by an acquaintance’s home to purchase the marijuana; a fight broke out between one of Brandon’s friends and one of the boys selling the marijuana. Unfortunately; a knife was introduced into the fight and the death of one of the dealers resulted. This occurred in Agoura Hills, CA; close to the site of the famous O.J. acquittal and the Menendez brothers’ hung jury. It’s also important to note that the youth who was killed was the son of a police officer.
I would like to clarify that I am in no way defending the actions of any of the youths. The problem I have is the American concept of the punishment befitting the crime. In cases where the murder-felony is invoked; the prosecution is at a distinct advantage since intent, a major component in any other murder case does not need to be established. Simply put: Anyone who is in the company of someone who commits a crime where a murder occurs is automatically charged with felony-murder. In this case; the crime was an apparent attempted robbery of an illegal substance. It is little wonder that 26 states do not have this rule. Had the tragedy not happened; I highly doubt the police would have been involved at all. I digress.
From the U.S. Supreme Court case Enmund v. Florida (1982):
“Neither deterrence of capital crimes nor retribution is a sufficient justification for executing petitioner. It is unlikely that the threat of the death penalty will measurably deter one such as petitioner, who does not intend to kill. As to retribution, this depends on the degree of petitioner’s culpability, which must be limited to his participation of the robbery.”
http://supreme.justia.com/us/458/782/
I am aware that judicial jargon is often difficult to decipher but let’s concentrate on the final line. “As to retribution, this depends on the degree of petitioner’s culpability, which must be limited to his participation of the robbery.” Aside from the fact that the robbery was of an illegal substance; Brandon’s sole participation was the robbery itself. While many, if not most, Supreme Court decisions are deemed to be precedents-Enmund v. Florida has been completely ignored.
To further highlight the injustice of Brandon’s case, let’s take a look at the sentencing guideline for 1st degree murder and its definition. In California, the sentence for 1st degree murder is 25 years to life. This leaves open the possibility of parole-Brandon’s doesn’t it. 1st degree murder is defined as: “An intentional killing by means of poison, or by lying in wait, or by any other kind of willful, deliberate and premeditated action.” First of all; Brandon’s sentence, even with the Governor’s commutation, is more severe than someone found guilty of premeditated murder. Second; by definition, 1st degree murder is FAR more heinous than anything Brandon did.
I consider the case of Brandon Hein to be both appalling and embarrassing for the entire judicial system. While Americans sit in judgment of Iran, China, and North Korea regarding their inhumane treatment of prisoners and their judicial system in general; an 18 year old young man has been forced to spend the most important years of his life in a maximum security prison. In order to reduce the budget woes of the state; California has announced that they intend to release 40,000 prisoners over the next two years. If Brandon Hein is not among the 40,000 released; the entire California legislature and its judicial system should be ashamed of themselves.
For anyone interested in learning more about Brandon; visit http:// www.brandonhein.com.
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