When was the three strikes law introduced in california




















With the passage of Prop. After its passage, some inmates sentenced under the old law could ask the court to modify their sentence under the new law. Kenneth Corley from San Diego was the first inmate to be re-sentenced and released under Prop. In , however, Danny was found to be innocent of this crime, and a federal judge reversed his conviction. Or should they reject it, sending the message that legislators should reconsider the new law, perhaps in favor of an alternative mandatory-sentencing measure?

What about other states? In reaching a decision, Californians will naturally be affected by a variety of subjective factors, for example, fear of crime, sympathy for victims and their families, and anger at violent criminals. But voters should also have access to hard evidence regarding the implications of the law: How much crime reduction can they expect from the three-strikes law?

And how much will it cost? What about the alternatives? And where will the money come from? RAND undertook to answer these questions. An interdisciplinary team of researchers constructed and ran analytic models taking advantage of data on arrest rates, time served, prison populations, and length of criminal careers. The models predicted how populations of offenders on the street and in prison would change under the differing sentencing provisions of the new law and under various alternatives, relative to the previous law.

Using data on these populations, the researchers determined crime rates and costs. The findings, in a nutshell, were as follows:. If fully implemented as written, the new law will reduce serious felonies committed by adults [2] in California between 22 and 34 percent.

About a third of the felonies eliminated will be violent crimes such as murder, rape, and assaults causing great bodily injury. The other two-thirds will be felonies that are less violent or nonviolent but still serious, including less injurious assaults, most robberies, and burglaries of residences.

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. Some police and court costs may be saved in not having to deal so often with such offenders once they are locked up, but greater prison costs overwhelm such savings. The recent revisions to the Three Strikes Law under Proposition 36 give those who were convicted of crimes no longer included in the legislation the chance to appeal their sentences.

If their appeal is successful, the defendant may have a chance at an early or immediate release. Spolin Law P. Call us or reach out online to learn how we can handle your Writ of Habeas Corpus. Can a defendant appeal a Three Strikes sentence? The Three Strikes law is also applied disproportionately against mentally ill and physically disabled defendants. Criminologists agree that life sentences for non-violent repeat offenders does nothing to improve public safety.

In order to win a reduced sentence, a court must find that the prisoner no longer poses an unreasonable threat to public safety.



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