In 1994, California passed its infamous Three Strikes law after a twice-convicted kidnapper on parole kidnapped and murdered a 12 year old girl. The law has been under scrutiny always since. Essentially, the law states that any person convicted of the same felony three measure will automatically receive a 25 year to life prison term. Obviously, this can cause a passel of debate - With kidnapping and murder, of course it should apply, but in wholeness mans case, after stealing $153.54 worth of videos, he was sentenced to 25 days or more in prison. So is it constitutional? You be the judge.
Leandro Andrade, a 37 year old man from San Bernadino County, was convicted of obstinacy of marijuana and a few petty stealths in 1983. Then, in 1995, he was convicted twice of shoplifting, usually a misdemeanor offence. Prosecutors cited his prior offences, and got his two most recent shoplifting counts bumped up to felonies, which hence counted as his third and fourth strikes. He was sentenced to 25 years to life, and appealed his sentence. In April 2002, the law was taken in front of the compulsive court, who over turned his sentence, deeming it to be cruel and unusual punishment for much(prenominal) a crime.
They ruled that the severity of the crime didnt chastity the tough and severe punishment. This sparked the despotic Court to analyze the law itself. The court may remove Californias use of minor theft or drug possession as a felony and frankincense as one strike.
Two times in the ago few months, cases involving the three strikes law have made it to the Supreme Court, and have been overruled.
The major debate of this law is over the eighth amendment - Cruel and Unusual punishment. Everyone involved with cases of this magnitude is...
Californias is way similarly strict. Washington State only counts Violent offenses as strikes such as, Rape 1,2, Murder 1,2 Robbery 1,2, Kidnapping 1,2 Child torment 1,2,3, rape of a child 1,2,3 and so on. you should add something care what you think should be an alternative to Californias law since it is so vauge and severe.
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