California's "Three Strikes" Law Subject to Renewed Debate

July 22, 2011

California's "Three Strikes" Law Subject to Renewed Debate

Critics Believe Harsh Law Leads to Overcrowded Prisons

The "three strikes and you're out" law subjects anyone convicted of one or more serious or violent felonies to a 25-years-to-life sentence when convicted of a third felony, regardless of whether it was a violent crime. In fact, the three strikes law can apply for a third conviction of a misdemeanor, like petty theft, that is reclassified as a felony.

This can lead to sentences absurdly long for the crime committed. Early this year, for example, prosecutors from California's Riverside County District Attorney's office sought a 25-to-life sentence for a man who stole a pair of gloves.

Advocates of changing the law, such as the group Families to Amend California's Three Strikes Law, are trying to make only violent offenders subject to the three strikes law. According to the group, about 2,000 of the 6,000 inmates serving life sentences under the three strikes rule were convicted of non-violent crimes. This kind of sentencing has put California's current prison system in such dire circumstances that the U.S. Supreme Court recently ruled that California must release 33,000 prisoners in the next two years. The Court held that California inmates are subject to cruel and unusual punishment due to the effects of overcrowded prisons.

It also is not clear that the three strikes law is effective. The Center on Juvenile and Criminal Justice released a report this year noting that the three strikes law "had no demonstrable effect on violent crime levels." In fact, the county that most used the law, Kern County, actually had fewer reductions in violent crime than counties that applied the law rarely.

Accused of a Crime? Consult a Criminal Defense Attorney

As the three strikes law demonstrates, those charged with a crime (whether violent or not) need experienced criminal defense representation to protect their rights in court. If you have been accused of a crime, contact an experienced criminal defense attorney who will fight to clear you of charges if falsely accused.

An experienced criminal defense attorney can also negotiate with prosecutors for reduced sentencing in exchange for a guilty plea. Prosecutors may have the discretion whether to seek strict sentencing, such as with the three strikes law, and an attorney may be able to obtain a reduced sentence.

Article provided by Douglas L. Gardner Attorney at Law
Visit us at http://www.dgardnerlaw.com