Gascón shifts policy against filing special circumstance allegations

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selectively transferred to the adult court system in the “most egregious cases that warrant a state prison commitment.” The memos to his staff, released late Friday, come as the county&…

Los Angeles County District Attorney George Gascón on Friday backed off of two of his most criticized directives, noting in a series of memos that there “may be the rare occasion” where special circumstance allegations may be “necessary” that could result in a life prison term without parole in murder cases and that juveniles may be selectively transferred to the adult court system in the “most egregious cases that warrant a state prison commitment.

In one of the memos released late Friday, Gascón wrote that the office is “committed to never seeking the death penalty, eliminating mass incarceration, and fostering rehabilitation for those charged with crimes.” The memo notes that approval to file special circumstance allegations will “only be granted in extraordinary situations where it is abundantly clear the defendant is beyond any means of rehabilitation and the crime perpetrated is deserving of this extreme penalty,” and that the office would then seek life in prison without the possibility of parole in cases where such filings are deemed appropriate.

Meanwhile, in another memo issued Friday, Gascón noted that under his December 2020 directive that there is a “presumption that the office will not seek transfer to criminal jurisdiction” for juvenile offenders.

 

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