Two months after her fiancé’s funeral, Kimberly Elkins pleaded guilty to manslaughter. Elkins, now 49, used fentanyl to deal with chronic pain. One day, she shared a fentanyl patch with her fiancé, Aaron Rost, and they overdosed. She woke up that night, but he didn’t. She was sentenced to four years in prison in Minnesota for his death, according to the New York Times. “I struggle really hard with this...trying to find my responsibility in it,” says Elkins as she sits in prison for sharing the fentanyl with him. The cases are more common … [Read more...] about Accidental overdoses prosecuted as felony-murder under new laws
felony-murder rule
SB 1437 eliminates felony-murder rule
Due to a change in the felony-murder rule, starting Jan. 1, codefendants will no longer automatically be considered guilty of murder for participating in crimes such as armed robbery. The law is retroactive. On Sept. 30, with a stroke of his pen, Gov. Jerry Brown made Senate Bill 1437 the law. The bill presented by Senator Nancy Skinner (D-Berkeley) states that prosecutors can no longer hold accomplices, who had no intent to kill anyone during the commission of certain specified crimes, accountable for a murder committed by a … [Read more...] about SB 1437 eliminates felony-murder rule
Senator and author share challenge of passing SB 1437
It’s hard to get laws changed, even harder to make any revisions applicable to people already serving their time, nevertheless Senator Nancy Skinner (D-Berkeley) retroactively transformed California’s felony-murder law with the help of the Re:store Justice organization and others. “Retroactivity was the hardest part, yet it was essential because how can we fix the law, how can we tell people convicted under the unfair rule, sorry stay in prison,” Senator Skinner said. “It’s not right.” Re:store Justice Policy Director Professor Kate … [Read more...] about Senator and author share challenge of passing SB 1437