(Figure 1 defines several important terms in criminal sentencing law.) The major changes made by the Three Strikes law are as follows: Most significantly, it required that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies receive a sentence enhancement. The Three Strikes law imposed longer prison sentences for certain repeat offenders, as well as instituted other changes. Second, the threat of such long sentences would discourage some offenders from committing new crimes.
First, extended sentences, also referred to as sentence enhancements, would remove repeat felons from society for longer periods of time, thereby restricting their ability to commit additional crimes. Supporters of Proposition 184 argued that imposing lengthy sentences on repeat offenders would reduce crime in two ways. For this reason, longer sentences for this group of offenders have a strong appeal to policy makers and the public. These offenders are considered unresponsive to incarceration as a means of behavior modification, and undeterred by the prospect of serving time in prison. Repeat offenders are perhaps the most difficult of criminal offenders for state and local criminal justice systems to manage. Our findings are based on analysis of available data, review of the literature on Three Strikes, and discussions with state and local criminal justice officials. In this piece, we summarize key provisions of Three Strikes and You’re Out discuss the evolution of the law in the courts estimate the impact of the law on state and local criminal justice systems and evaluate to what extent the law achieved its original goals. The Legislature and voters passed the Three Strikes law after several high profile murders committed by ex-felons raised concern that violent offenders were being released from prison only to commit new, often serious and violent, crimes in the community. As its name suggests, the law requires, among other things, a minimum sentence of 25 years to life for three-time repeat offenders with multiple prior serious or violent felony convictions.
The law was enacted as Chapter 12, Statutes of 1994 (AB 971, Jones) by the Legislature and by the electorate in Proposition 184. In 1994, California legislators and voters approved a major change in the state’s criminal sentencing law, (commonly known as Three Strikes and You’re Out). Three Strikes on the Criminal Justice System Bigelow, Court of Appeal, 2nd Appellate District, Div.A Primer: Three Strikes: The Impact After More Than a Decade October 2005 A Primer: Three Strikes - The Impact After More Than a Decade ContentsĮvolution of California’s Three Strikes Law Richard Couzens, Judge of the Superior Court of Placer County(Ret.) and Presiding Justice Tricia A. The Amendment of the Three Strikes Sentencing Law (May 2017) by J. The addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.The requirements for sentencing a defendant as a third strike offender were changed to 25 years to life by requiring the new felony to be a serious or violent felony with two or more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender and.
On Novemthe voters approved Proposition 36 which substantially amended the law with two primary provisions: If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life. The essence of the Three Strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime. California's Three Strikes sentencing law was originally enacted in 1994.
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