HomeMy WebLinkAboutRES NO 2-23RESOLUTION. NO. 2-23
A RESOLUTION ENDORSING CERTAIN
MEASURES COMING ON BEFORE THE
LEGISLATURE OF THE STATE OF
CALIFORNIA.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD,
as follows:
WHEREAS, the difficulties of enforcing Justice in our
courts has brought about a condition that makes for crime among
the criminally inclined, and
WHEREAS, said difficulties appear to be due for the most
part to the mechanical difficulties of the relations between Judge
and Jury, the functionings of each, and inadequate penalties for
crime of a serious nature, and
WHEREAS, a program of penal reform, including two amend-
ments to the State Constitution, has been endorsed by the Los
Angeles Crime Commission and the Los Angeles County Bar Association,
said program being summarized as follows:
(1) A constitutional amendment providing
that three fourths of a Jury may return
a verdict in criminal cases except where such
verdict involves the death penalty.
(2) A constitutional amendment ~iving judges
the right to comment on the evidence and to
advise Juries on questions of fact as well
as of law, as is done in the Federal Courts and
in England.
(3) A bill amending the Penal Code to provide
that probation shall not be open to persons con-
victed of cri~es of violence involving the use
of deadly ~eapons, no~ to public officials found
guilty of brSbery, embezzlement or extortion.
(4) A bill decla~Ing that robbery involving
torture of the victim or use of a deadly weapon
shall be adJudged first degree robbe~ punishable
by a minimum . ~of ten years in the penitentiary.
(8) A bill declaring that the minimum value of
stolen property, the theft of which constitutes
grand larceny, shall be $200 instead of $80 as at
present.
(8) A bill declaring that burglary of a dwelling
where the criminal is armed with a deadly weapon
shall be first-degree burglary; that the entry by
night or with a deadly weapon of any building not
used as a dwelling shall be second-degree burglary;
that all other burglaries ~hall be third-degree;
-1-
there shall be a minimum penalty of ten,
five and one year's imprisonment for each of these
respective degrees of burglary.
(V) A bill providing more severe penalties for
crimes commlted by persons armed with deadly
weapons, this being considered in each case to consti-
tute a higher degree of crime. Rape, arson, robbery
and grand larceny are particularly mentioned in
this connection.
(8) A bill providing for enlargement of the State
Bureau of Criminal Identification and Investigation.
(9) A bill making it optional with a trial Judge
whether or not he shall sign a certificate of pro-
bable cause upon application of a person convicted
of crime.
(lO) A bill making it a felong for any prisoner to
escape from the custody of the sheriff of any
county, whether or not -such prisoner is confined in
Jail.
AND WHEREAS, this program iS designed to beter the crime
,situation not only in this city and county but in all parts of
the State of California, and ~appears to be well designed and thought-
f~l ly carried out, therefore,
BE IT RESOLVED, that the Council of the City of Bakersfield
endorse these measures, and recommend them for the consideration
of other city councils in all parts of California, and to the sena-
tots and assemblymen from this district.
I BEEBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield on the
day of February, 1923, By the following vote:
Fe , . uncil of the City Of B~ersfield.
f the ~%~y of Bakersfield . .