Although such laws have come before the Supreme Court five times in the last seven years, this summer would be the final time. In an 8-1 decision, the court determined "three strikes" laws are unconstitutional based on the inability to maintain a fair and indiscriminate execution of such laws.
Posted By The Law Offices of Jacqueline Goodman || 25-Mar-2014
For years, California's "Three Strikes and You're Out" law allowed for one of the harshest sentencing systems in the country. Though other states enforce some form of three strike laws, which are meant to decrease violent and serious criminal acts by repeat offenders, California's three strike law allowed for the extreme sentencing of defendants convicted of even nonviolent offenses. It wasn't until California voters passed Proposition 36, the Three Strikes Reform Act of 2012, that these unfair sentencing requirements were modified.
Posted By The Law Offices of Jacqueline Goodman || 21-Feb-2013
In 2004, Federal District Court Judge Spencer Letts reversed the verdict for a man who was given a mandatory 25-year prison sentence because of the California "three-strikes" law. The accused, M.B., was convicted of his first felony in 1988, after he got in a car accident then stole money from the other driver. A few years later, he was under the influence of drugs and had a fight with his girlfriend, who called the police. In this case, he pleaded no contest to assault, making that his second strike. The last strike was brought on by M.B.'s purchase of less than a gram of crack cocaine, for which he was convicted of drug possession.