{"id":10578,"date":"2024-01-23T08:35:34","date_gmt":"2024-01-23T16:35:34","guid":{"rendered":"https:\/\/strongestdefense.com\/?p=10578"},"modified":"2024-01-23T08:35:34","modified_gmt":"2024-01-23T16:35:34","slug":"three-strikes-youre-out-a-comprehensive-overview-of-californias-three-strike-sentencing","status":"publish","type":"post","link":"https:\/\/strongestdefense.com\/blog\/three-strikes-youre-out-a-comprehensive-overview-of-californias-three-strike-sentencing\/","title":{"rendered":"Three Strikes You’re Out: A Comprehensive Overview Of California’s Three Strike Sentencing"},"content":{"rendered":"
Over 30 years ago, the loss of two young lives shook a number of people in California and across the U.S. The impact of these terrible events, fueled by the people of California\u2019s urge for justice, played a pivotal role in forming a law that has molded California\u2019s justice system since the 90s. <\/span><\/p>\n This blog aims to provide a comprehensive overview of California\u2019s Three Strikes law, as well as delve into the historical roots, including the incidents that led to the enactment of the law. Should you face criminal conviction at any point, it\u2019s essential to enlist the help of a seasoned criminal defense attorney as soon as possible. <\/span><\/p>\n History Of The Law<\/strong><\/p>\n In 1992, Kimber Reynolds<\/span><\/a> (18 years old) was approached outside of a restaurant by men on a motorbike (both of which were repeat offenders) who attempted to take her purse.<\/p>\n “Then one of the men \u2014 without warning, literally, without provocation \u2014 pulled out a .357 Magnum, which is one of the most powerful handguns in the world, and placed it in her ear and pulled the trigger,” Reynolds says. “Executed her on the spot.” It may have sounded like an idle promise at the time, but I promised her that if I could do anything to prevent this from happening to other kids, I would do everything I could. And I’m still trying to keep that promise today.\u2019 – Mike Reynolds.\u201d (NPR, 2009)<\/em><\/p>\n Kimber died in the hospital 26 hours later.<\/p>\n Over a year later, Polly Klaas<\/span><\/a>, a 12-year-old girl was abducted from her home. A nationwide search began and her body was found two months later in a wooded area. She died of strangulation. Richard Allen Davis (an ex-con with a history of alcohol\/drug abuse who was also on parole for a previous kidnapping) was charged<\/span><\/a> with first-degree murder with \u201cfour special circumstances\u201d including robbery, burglary, kidnapping, and attempted lewd act on a child. All of which made him eligible for the death penalty.<\/p>\n These tragic murders are known to have prompted the enactment of the \u201cThree Strikes and You\u2019re Out\u201d law<\/span><\/a> to \u201ckeep murderers, rapists, and child molesters behind bars, where they belong.\u201d<\/span><\/p>\n Understanding The Law<\/strong><\/p>\n The Three Strikes law<\/span><\/a> was created to increase prison sentences of those convicted of a felony who\u2019ve already committed and been convicted of a violent\/serious felony. It makes it difficult for an offender to receive a punishment other than a prison sentence. State law lists the following as violent and serious offenses<\/span><\/a> thus counting as a \u201cstrike\u201d:<\/p>\n If someone is convicted of more than two of these crimes, the penalties they face become harsher. Penalties are doubled after a second offense, and a third offense results in 25 years to life in prison.<\/span><\/a> Additionally, after a second offense, you\u2019ll have to serve more than 80% of your sentence before you can be released on what is classified as good behavior. <\/span><\/p>\n What If You\u2019re Convicted Of A Third Offense But It Doesn\u2019t Count As A Strike?<\/strong><\/span><\/p>\n Not every offense is considered a strike. As previously mentioned, a strike is classified as a serious or violent crime. Therefore, if you\u2019re convicted of a third offense that doesn\u2019t fall under that category, you won\u2019t receive a strike, but you will have to serve double the normal sentence of whatever crime was committed. <\/span><\/p>\n Impact of Three Strikes Sentencing<\/strong><\/p>\n After nearly a year of implementation, the Three Strikes law was found to have profound impacts<\/span><\/a> at the local and state level. Below are some of the key findings:<\/p>\n Criticisms & Controversies<\/strong><\/p>\n One of the negative impacts<\/span><\/a> of the Three Strikes law is the amount of second and third-time offenders who were harshly punished, despite their second or third offense being for a lesser offense, like petty theft or possession of a controlled substance.<\/p>\n While the original intent behind this law was to keep second and third-time offenders in jail, Stanford University<\/span><\/a> has found that more than half of inmates sentenced under the law are serving sentences for nonviolent crimes. Additionally, the Three Strikes law has had a disproportionate impact on minority populations and other vulnerable groups. <\/p>\n In 2012, voters approved the Three Strikes Reform Act, commonly known as “Proposition 36,\u201d in order to mitigate some of the harsh and unintentional consequences of the original sentencing law. Proposition 36 eliminates life sentences for non-serious, non-violent crimes. Moreover, it introduced a framework that enables inmates sentenced to life imprisonment for minor third-strike offenses to petition the court for a reduction in their sentence. This reform marked a significant step towards addressing the injustices associated with the original Three Strikes law.<\/p>\n How Strongest Defense Can Help You<\/strong><\/p>\n Being charged with a crime can be a terrifying experience, especially in a state like California where criminal charges are taken very seriously. From the second you are arrested for a crime, it is imperative that you seek professional representation in order to reach the best possible outcome. At Strongest Defense, we are dedicated to helping you protect your future and keep your reputation intact. No matter what your charges are, we will stand up for your rights and advocate for your best interest. Don\u2019t delay in enlisting our experienced criminal defense attorney. Call Strongest Defense today to schedule a free consultation<\/span><\/a> and discover your options and next steps. <\/p>\n","protected":false},"excerpt":{"rendered":" Over 30 years ago, the loss of two young lives shook a number of people in California and across the U.S. The impact of these terrible events, fueled by the people of California\u2019s urge for justice, played a pivotal role in forming a law that has molded California\u2019s justice system since the 90s. This blog […]<\/p>\n","protected":false},"author":8,"featured_media":10579,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[19],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/posts\/10578"}],"collection":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/comments?post=10578"}],"version-history":[{"count":1,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/posts\/10578\/revisions"}],"predecessor-version":[{"id":10580,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/posts\/10578\/revisions\/10580"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/media\/10579"}],"wp:attachment":[{"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/media?parent=10578"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/categories?post=10578"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/strongestdefense.com\/wp-json\/wp\/v2\/tags?post=10578"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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