California Proposition 8 (1982)
Encyclopedia
Proposition 8 was a law enacted by California
voters on 8 June 1982, by means of the initiative
process. The law restricted the rights of convicts, and those suspected of crimes, and extended the rights of victims. To do this it amended both the Constitution of California and ordinary statutes.
from the perpetrator unless there were "compelling and extraordinary reasons" to the contrary. It also conferred a right to school safety; it reads "All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful".
Section 28 introduced a "right to truth in evidence". This means that state courts cannot exclude any "relevant evidence" even if gathered in a manner that violates the rights of the accused. The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights. In practice the law prevented the California courts from interpreting the state constitution so as to impose an exclusionary rule more strict than that required by the federal constitution. Exceptions may be made to the "truth in evidence" rule by a two-thirds vote of both houses of the California Legislature
.
Section 28 provided that public safety should be the primary consideration in determining whether to grant bail
. The Victims' Bill of Rights proposed to repeal Article 1, Section 12, which contained the existing constitutional provisions on bail, but this conflicted with another proposition enacted on the same day. The other proposition received a higher number of votes and so, under the California constitution, it took precedence. Section 28 finally provided that prior felony convictions "shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding".
and the Welfare and Institutions Code. Victims of crime were granted the right to be notified of, to attend, and to state their views at sentencing and parole hearings. Other provisions related to the defense of insanity and diminished capacity
, harsher punishments for recidivist
s and the limitation of plea bargain
ing.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
voters on 8 June 1982, by means of the initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
process. The law restricted the rights of convicts, and those suspected of crimes, and extended the rights of victims. To do this it amended both the Constitution of California and ordinary statutes.
Provisions
The Victims' Bill of Rights declared its purpose as to ensure that:Amendment of the constitution
The Victim's Bill of Rights added Section 28 to Article 1 of the constitution. This section has since been substantially added to and amended by Marsy's Law, enacted in 2008. Section 28 granted victims of crime the right to restitutionRestitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
from the perpetrator unless there were "compelling and extraordinary reasons" to the contrary. It also conferred a right to school safety; it reads "All students and staff of public primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful".
Section 28 introduced a "right to truth in evidence". This means that state courts cannot exclude any "relevant evidence" even if gathered in a manner that violates the rights of the accused. The U.S. Constitution takes priority over the California constitution so courts may still be obliged to exclude evidence under the federal Bill of Rights. In practice the law prevented the California courts from interpreting the state constitution so as to impose an exclusionary rule more strict than that required by the federal constitution. Exceptions may be made to the "truth in evidence" rule by a two-thirds vote of both houses of the California Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
.
Section 28 provided that public safety should be the primary consideration in determining whether to grant bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
. The Victims' Bill of Rights proposed to repeal Article 1, Section 12, which contained the existing constitutional provisions on bail, but this conflicted with another proposition enacted on the same day. The other proposition received a higher number of votes and so, under the California constitution, it took precedence. Section 28 finally provided that prior felony convictions "shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding".
Statutory changes
The Victims' Bill of Rights made various changes to the California Penal CodeCalifornia Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
and the Welfare and Institutions Code. Victims of crime were granted the right to be notified of, to attend, and to state their views at sentencing and parole hearings. Other provisions related to the defense of insanity and diminished capacity
Diminished responsibility
In criminal law, diminished responsibility is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. The defense's acceptance in American...
, harsher punishments for recidivist
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
s and the limitation of plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
ing.