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Debate Over Three Strikes Law
Like most sentencing enhancement laws, the California law requires longer sentences based upon the defendant's prior criminal history. The California version allows the court to sentence a second felony offender to double the required sentence of a first conviction, while a third conviction mandates sentences of 25 years to life.
November 11, 2011 /Law and Legal PR News/ -- California's Three Strikes Law was passed after a 12-year-old girl was abducted and murdered by Richard Allen Davis, a man with prior felony convictions who was wanted on a parole violation at the time. The child's murder led to one of the stiffest repeat offender sentencing enhancement laws in the country, one that was designed to keep violent offenders in jail, but has sometimes resulted in non-violent offenders receiving life sentences.
Like most sentencing enhancement laws, the California law requires longer sentences based upon the defendant's prior criminal history. The California version allows the court to sentence a second felony offender to double the required sentence of a first conviction, while a third conviction mandates sentences of 25 years to life.
The sentencing provisions for third felony offenders are not dependent upon the violent nature or seriousness of the third crime, which is one of the components of the sentencing scheme that have opponents unhappy.
Another issue with opponents of the law is that increased incarceration does not necessarily correlate with reduction in crime. In fact, 19 states that have decreased their prison population over the past 10 years have also decreased their crime rate. Additionally, states without sentencing enhancement laws have similar or greater declines in crime as the states with an enhanced sentencing scheme.
Critics of the law also point to its high cost. A report by the California State Auditor sets out a $19.2 billion cost for offenders serving time under the Three Strikes Law, and notes that over half of the inmates sentenced under the enhanced provisions are serving time for non-violent crimes, which is not what the legislature intended.
Those who support the law claim the status of the third conviction as violent or non-violent is irrelevant, and that repeat offenders should be locked up regardless of the nature of the third crime, because career criminals commit the majority of crimes and will offend again. They also point out that prosecutors use discretion in deciding when to apply the Three Strikes Law, and only about 250 defendants are sentenced as third offenders per year.
Supporters of the law also note that attempts to amend or modify the law--to authorize enhanced sentences for third offenders only when the third conviction is a violent or serious offense--have failed, including an amendment that was rejected by voters in 2004.
Currently, prosecutors have the right to seek life sentencing for non-violent third offenders, and judges have the discretion to carry out that sentence recommendation. With California's enhancement laws -- arguably the strictest in the nation -- it is essential those facing criminal charges contact an experienced criminal defense lawyer to protect their rights.
Article provided by Law Offices of David P. Schwarz
Visit us at www.orangecountycriminaldefenselawfirm.com
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