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| | Three strikes law - Wikipedia, the free encyclopedia |
 | | Three strikes laws are a category of statutes enacted by state governments in the United States, beginning in the 1990s, to mandate long periods of imprisonment for persons convicted of a felony on three (or more) separate occasions. | | | The exact application of the three-strikes laws varies considerably from state to state. | | | If by killing a witness to a crime, a criminal may reduce his or her chances of being apprehended, then under a three-strikes law he or she has no incentive not to commit the murder (though the death penalty might apply in some cases). |
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http://en.wikipedia.org/wiki/Three_strikes_law
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| | P.O.V. - The Legacy: Murder & Media, Politics & Prison PBS |
| | Laws written by legislatures at the federal and state level that determine crimes that are punishable by incarceration, fines or other penalties. | | | The California law requires that when a person is convicted of three felonies, he or she must serve a mandatory fixed sentence of 25 years to life usually without parole. | | | For example, in Washington state, all of the strikes must fall under specific violent crimes that are defined by the law. |
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http://www.pbs.org/pov/pov1999/thelegacy/glossary.html
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| | Has three-strikes law made state's streets safer? / After 10 years on the books, opinion is divided on if it works |
| | Three strikes, drafted in a backyard meeting at Reynolds' home shortly after his daughter's June 1992 murder, was proposed as a legislative measure and a ballot initiative, neither of which went anywhere at first. | | | For example, in San Francisco, where prosecutors enforce three strikes less often than in any other urban county, the crime rate declined more than three times as much in the mid-1990s as in Sacramento County, where the law was used 12 times as often. | | | Like many criminal laws, three strikes has wound up affecting thousands of run-of-the-mill cases in ways that hardly anyone foresaw when it passed in 1994. |
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http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/09/28/STRIKES.TMP
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| | Guardian Unlimited Special reports Human rights, US style |
| | Those campaigning to change the law are now pinning their hopes on Jackie Goldberg, a Democratic state assemblywoman who is introducing a bill to limit the heaviest application of the law to criminals convicted of violent or serious crimes. | | | The initiative became law, and now more than 30 states in the US have adopted their own versions of it. | | | The Los Angeles district attorney, Steve Cooley, agrees that the law has been wrongly applied in the past, but says there is little chance of retrospective action to free those jailed for minor non-violent offences because few politicians want to be accused of being soft on crime. |
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http://www.guardian.co.uk/bush/story/0,7369,639795,00.html
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| | Three Strikes Law |
| | The law also imposes a heavy burden on an already taxed justice system. | | | Routing all the cases through the same judges should help contain the three-strikes law's effect on the court system. | | | One of the biggest debates at the moment, for instance, is whether judges may strike priors in the interests of justice. |
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http://www-unix.oit.umass.edu/~aex1000/3strikes.html
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| | USATODAY.com - Three strikes law set for review |
| | In the California cases, lower courts divided over whether the state's law is constitutional when applied to petty crooks. | | | The question is whether lengthy prison terms that are triggered by relatively petty offenses violate the Eighth Amendment's ban on cruel and unusual punishment. | | | The combined cases, to be argued this fall with a decision likely in 2003, could have an effect far beyond California because it tests the rules for all sentences that do not appear to fit the crime. |
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http://www.usatoday.com/news/washington/2002/04/01/2002-04-01-scotus-three-strikes.htm
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| | Proposition 66 (Nov. 2004) |
| | Critics of the law also note that the majority of persons imprisoned under the law are second strikers who have committed non-violent felonies such as property crime and drug offences, and that the system has led to excessive incarceration rates. | | | Opponents of the law cite lowered crime rates and concomitant savings in police and trial court costs. | | | Whether there is a relationship between the "Three-Strikes" law and California's ballooning prison costs and inmate population is a hotly contested issue. |
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http://www.igs.berkeley.edu/library/htThreeStrikesProp66.htm
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| | Florida OKs Three-Strikes Malpractice Law |
| | The law is backed by doctors' foremost antagonists _ lawyers _ and the ramifications could be huge. | | | The three-strikes law is just one salvo in a fierce battle between doctors and trial lawyers that is playing out across the country and in Congress. | | | Lester Brickman, a professor of legal ethics at the Cardozo School of Law of Yeshiva University in New York, said the lawyers "trumped the doctors" with the three-strikes amendment, because lawyers will rush to sue in hopes doctors will settle to avoid a "strike" on their record. |
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http://www.body1.com/News/index.cfm/2/12131
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| | The Three Strikes and You're Out Law |
| | The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. | | | Because offenders charged under the Three Strikes law face significant prison sentences, most counties set bail for second-strike offenders at twice the usual bail amount and refuse bail for third-strike offenders. | | | Although recent data indicate a reduction in the state's crime rate, the reduction probably should not be attributed to the Three Strikes legislation, because the state's crime rate had been falling prior to the enactment of the law. |
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http://www.lao.ca.gov/analysis_1995/3strikes.html
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| | Darleen's Place: California Prop 66 - gutting the 3 Strikes Law |
| | We have three different court supervised drug rehab programs, with 2 of them where successful probation allows them to come to court and have their case dismissed. | | | Also, since you want to bring up who is funding what, who do you think is funding the measure against the three strikes law and what do you think their reasoning is. Now as for the the three strikes amendment being retroactive to 1994. | | | I understand you hold a position in law therefore you are able to "throw out" some legal terms and codes at the people who try and counter-argue your points. |
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http://www.darleenclick.com/weblog/archives/2004/10/california_prop.html
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| | Vagaries of our 'three strikes' law |
| | The grossly unequal application of such a sweeping law in the nation's largest state -- on a matter with such import as whether someone will spend the rest of his or her life in jail -- casts a dark shadow over our entire criminal justice system. | | | They point out that, as in San Francisco, they have also set up committee to review each case and that in at least half of the cases that they review, they choose not to prosecute under the "three strikes" law. | | | "If a defendant has two or more prior felony convictions that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment,'' the law boldly stated. |
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http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/a/2004/08/22/EDGIJ7OQV81.DTL&type=printable
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| | CNN.com - Testing the three-strikes law - Nov. 4, 2002 |
| | The U.S. Supreme Court is scheduled to hear arguments this week on whether Andrade's penalty amounts to unconstitutional "cruel and unusual punishment," as ruled by a federal appeals court. | | | Although the law was touted as a way to prevent violence, fewer than half of either second- or third-strikers are serving time for crimes against people. | | | Should the court uphold the Andrade and Ewing penalties, few challenges in states with more supple repeat-offender laws could hope to succeed. |
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http://archives.cnn.com/2002/ALLPOLITICS/11/04/timep.court.tm
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| | RAND California's New Three-Strikes Law: Benefits, Costs, and Alternatives |
| | The advantages of this alternative point up the shortcomings of the new law: The full-term alternative would increase sentences for all serious offenders — even first-timers who are near the beginning of their criminal careers — and pay for it by not imprisoning many minor felons. | | | The intent of the three-strikes law is, of course, to lock up repeat offenders longer, and that requires the construction and operation of more prisons. | | | For example, the second-strike-only alternative would be 85 percent as effective as the new law. |
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http://www.rand.org/pubs/research_briefs/RB4009/index1.html
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| | Three Strikes Golfing - Life in prison without parole for stealing three Callaway clubs. By Dahlia Lithwick |
| | It becomes increasingly clear that both the Eighth Amendment law of disproportionality and the test for what it is are not clear, although Chemerinsky struggles to make it sound as though this were an easy, bright-line test and why can't the court just see it. | | | Scalia wonders whether the whole point of a three-strikes law is to "take off the streets that small proportion of people who commit the vast proportion of all crimes." He can't recall the numbers but says that about 20 percent of the criminals commit 80 percent of all crimes. | | | Ewing's attorney Denvir doesn't do so well convincing the court that his client is a nonviolent recidivist. |
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http://www.slate.com/?id=2073553
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| | 'Three strikes' law: Is it too-cruel punishment? csmonitor.com |
| | Usually, state law treats a petty theft (anything under $400) as a misdemeanor, punishable by up to six months in jail. | | | For the first time, a US appeals court has struck down a long sentence imposed under the law, saying it amounts to cruel and unusual punishment. | | | Besides court appeals, civil libertarians say a new dialogue between California citizens and lawmakers should ensue, and that the state should clarify its intentions with new laws or sentencing guidelines. |
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http://www.csmonitor.com/2001/1108/p1s3-usju.html
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| | Critics Want 'Three Strikes' Law Loosened |
| | All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works. | | | What with gun control laws, the Patriot Act, hate crimes legislation, etc., the government can make criminals out of most any of us, and probably will. | | | The liberals hate the three-strikes law so they're trying to drive a big loophole through it. |
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http://www.freerepublic.com/focus/f-news/1088797/posts
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| | FACTS: Families to Amend California's Three Strikes |
| | The determination of whether a prior conviction is a prior serious and/or violent felony conviction for purposes of subdivisions (b) to (i), inclusive, shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. | | | The determination of whether a prior conviction is a prior serious and/or violent felony conviction for purposes of this section shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. | | | If upon the satisfaction of the court that there is insufficient evidence to prove the prior felony conviction, the court may dismiss or strike the allegation. |
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http://www.facts1.com
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| | Three Strikes Law Source |
| | Three strikes laws are a category of statutes... | | | An effort to amend California's Three Strikes law, to fix what some see as flaws in the procedure that sends a person convicted of three felonies to prison for a minimum of 25 years, was... | | | A US appeals court has struck down a long sentence imposed under California's three-strikes-and-you're-out law. |
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http://www.onlinejournalismawards.org/legal/three-strikes-law.html
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| | What About Three-Strikes-and-You're-Out for Corporate Criminals? |
| | Just as street criminals will break the law over and over if they are not presented with an adequate deterrent, corporate criminals will do the same. | | | We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. | | | Just imagine if this were the policy of the state attorney general's office: to let shoplifters pay back the value of what they've stolen - if they got caught. |
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http://www.commondreams.org/views03/0307-02.htm
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| | Essay: Three Strikes Law |
| | These laws are aimed at reducing the crime rate, but rather than aim for a general level of deterrence (i.e. | | | Summary: This paper examines the background and effectiveness of the three-strikes laws. | | | reducing the total number of crimes) these laws are aimed more at individual deterrence (i.e. |
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http://www.essays-now.com/show_report.php?r_id=3586
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| | Three-Strikes Law Report |
| | Drawing upon her extensive original research, Dr. Walsh debunks many myths surrounding the law, explaining, for example, that most offenders sentenced under the law committed serious offenses as their third strikes and that the law does not result in lengthy sentences for all eligible three-time recidivists. | | | Walsh has examined California’s Three-Strikes Law extensively, especially the impact of prosecutorial and judicial discretion on its implementation. | | | The report on “three strikes” is authored by Cal State L.A. criminal justice professor. |
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http://www.calstatela.edu/univ/ppa/newsrel/3strikesreport.htm
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| | Limitations on "Three Strikes" Law |
| | Specifically, the "Three Strikes" Law requires that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies be sentenced to state prison. | | | Legitimate punishment should have two clear purposes; protecting society and rehabilitating those who violate the law. | | | California is the only state with a "Three Strikes" Law that doesn't require that the third felony conviction is a violent or serious one in order to trigger the harshest sentence—25 years to life. |
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http://www.cacatholic.org/h/bg/bg41001prop66.html
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| | Proposition 66: Limitations on "Three Strikes" Law. Sex Crimes. Punishment - California State Government |
| | Proposition 66 is opposed by Governor Schwarzenegger, the Attorney General, all 58 District Attorneys, the state's leading law enforcement, taxpayer, and child protection groups. | | | Costs millions and threatens public safety by creating a legal loophole that could release an estimated 26,000 convicted felons-- including rapists, child molesters, and murderers. | | | Increases punishment for specified sex crimes against children. |
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http://www.smartvoter.org/2004/11/02/ca/state/prop/66
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| | Woman protests three-strikes law |
| | The court has the option to remove any of the strikes against a person if it feels the circumstances are unfair. | | | At least one of the convictions must be for a violent felony. | | | The people subject to the three-strikes law are in all types of criminal behavior, Stout said. |
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http://www.vvdailypress.com/2001-2003/102922474753444.html
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| | NCPA - Daily Policy Digest - California's Three Strikes Law Works |
| | Opponents claim that these strike-out laws are expensive and do not deter crime. | | | In response to rising crime rates, California instituted strike-out laws. | | | The study states that strike-out laws not only deter the final "strike-out," but also the first and second "strikes". |
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http://www.ncpa.org/iss/cri/2002/pd100702e.html
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| | The California Criminal Law Observer: The Three "Strikes and You're Out" Law |
| | Please note that the materials included in this page and all of its subpages are intended to be general information only and are not provided in the courseof an attorney-client relationship nor do they constitute legal advice. | | | They arenot intended to be a substitute for obtaining legal advice from yourown legal counsel. | | | The California Criminal Law Observer: The Three "Strikes and You're Out" Law |
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http://www.silicon-valley.com/3strikes.html
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| | Three Strikes - Index Page |
| | "California's Three Strikes sentencing law has even helped bring down crime throughout the United States." Link to this article. | | | Has it been effective in mandating prison sentences for career criminals as opposed to probation and minimal treatment releasing them back into the community? | | | California's Three Strikes sentencing law has not overflowed the state's prisons. |
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http://www.threestrikes.org
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| | Three Strikes - Judge James Ardaiz |
| | The answer depends on both what the objective was for the law and the reasons for it. | | | Without question, Three Strikes is a tough sentencing law but the penal code is full of laws that have tough sentences. | | | It was intended to be a focused effort to create a sentencing policy that would use the judicial system to reduce serious and violent crime. |
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http://www.threestrikes.org/ja_pg1.html
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| | Pacific News Service > News > Decade-Old Three Strikes Law Still Striking Out |
| | Each person sentenced to life under Three Strikes will cost the state a minimum of $600,000, if he stays healthy while in prison and is released at his absolute minimum eligibility. | | | Yet, while legislators in other states have recently abolished or amended their mandatory sentencing laws, California’s elected officials have been reluctant to tinker with the law with the catchy baseball name. | | | Mix that with mandatory sentencing laws and you have our present situation. |
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http://news.pacificnews.org/news/view_article.html?article_id=8e27e88d48ccbdea8989f2e38552f798
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| | Three Strikes Law |
| | Miller, Mark. 1996. "California's '3 Strikes Law' Jails Cannabis Users." | | | American Civil Liberties Union. 1996. "3 Strikes, You're Out." | | | Braz, Rose. 1998. "The Case Against California's 3 Strikes law Steal a Bottle of Shampoo, go to Prison for Life." |
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http://www.csudh.edu/dearhabermas/th3stlw1.htm
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| | Cost of 'three strikes' law |
| | One in four prisoners -- 42,000 inmates -- are serving life terms under the three-strikes law. | | | The law was supposed to sweep career criminals off the street by mandating sentences of 25 years to life, without possibility of parole, for anyone with two ''strikes'' -- serious or violent felony convictions -- convicted of any new felony. | | | With 57 percent of the third strikes being nonviolent offenses, typically drug violations or burglary, the law largely hasn't necessarily targeted the most dangerous criminals. |
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http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/03/05/EDGHR5DO0C1.DTL
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| | The "Three Strikes" Law - |
| | Lumping them together under one sentence is not the answer. | | | The article tells of Leandro Andrade, a man thrice convicted of shoplifting videotapes, who was sentenced to life in prison with no chance of parole for 50 years--the same sentence for first-degree murder--because of the "three strikes" law in the state of California. | | | In our opinion, the three strikes law is too general to be fair in the modern judicial system. |
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http://www.worldandi.com/specialreport/2003/may/Sa23037.htm
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| | Families to Amend California's 3-Strikes: The 3-Strikes Law |
| | Everything on this web site can be distributed to the general public, reprinted, or reposted without permission of Families to Amend California's 3-Strikes. | | | Families to Amend California's 3-Strikes: The 3-Strikes Law |
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http://www.facts1.com/general/3code.htm
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| | The Thinker: Three Strikes Law |
| | Supporters of the law, which assigns a minimum 25-year sentence to thrice convicted felons, argue that it will pre-empt repeat offenses by incarcerating Òcareer criminals.Ó However, some find the law inappropriate because it might engender an influx of prisoners to an already overflowing prison system and an unbearable financial burden. | | | The easy passage of Proposition 184, the so-called ÒThree strikes, youÕre outÓ law, bespeaks a powerful reaction to the fear in this state that crime is running rampant. | | | This November, California voters overwhelming supported a Proposition to increase prison sentences for repeat criminals. |
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http://www.stanford.edu/group/Thinker/v1/v1n4/v1n4.html
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| | Judge Refuses to Follow "Three Strikes" Law |
| | Although the law states that judges must double the sentence for two-time offenders, Antolini sentenced Missamore to a year in county jail and three years probation. | | | The judge said that a loophole in the state Penal Code allows him to alter sentences "in the interest of justice." Prosecutors plan to appeal. | | | Sonoma County Superior Court Judge Lawrence Antolini said that to sentence Jeffrey Dean Missamore to up to eight years in state prison would have been cruel and unusual punishment. |
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http://www.ndsn.org/sepoct94/3strikes.html
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| | Three strikes law in danger |
| | Very early on in the life of the law we heard whining from the left as to how outlandish the law was and that California voters didn't know what they were voting for. | | | Hayden thinks that the drug problem and crime are not linked and has introduced legislation to dismantle the voter mandated law. | | | Please call your state Senator and Assembly person and ask that they reject Senator Tom Hayden's attempt to dismantle three strikes legislation. |
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http://www.gunnewsdaily.com/three.htm
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