Should California's Three Strikes Law be Reformed?
Most of the country thinks California is a very liberal, relaxed, surfer-dude kind of place. But California criminal attorneys and California politicians know that is not so. Over the years, California has imposed some jail and prison sentences that would make the allegedly tough Texans seem like they are running day-spas.
Since 1994, California has proudly boasted that it has the toughest Three Strikes Law in the country. Until then, California judges were seen as being “soft on crime”. The new law took away the judge's ability to use discretion when sentencing a criminal defendant. As a result, the new law made any felony a potential life sentence if the defendant had two serious felonies or “strikes” at any other point in their lives.
The new law listed serious and violent felonies in Penal code sections, 1192.7 and 667. The list had other felonies added to the list every year just to give legislators something to earn their pay and lawyers more laws to memorize.
To get an idea of this law's effect, let's look at the profile of a potential “Three Striker” defendant under the law we have now. As a young man of 18, this defendant entered a supermarket or convenience store and stole a case of beer on a fraternity dare. When he tried to get away, he was chased by the security guard, and got into a fight over the stolen beer. The security guard got several bruises, because the defendant fought with him while holding onto his “prize”.
This bona fide factual scenario is called an “Estes robbery”, named after a legal case which held that if a thief uses force against the victim to hold onto stolen merchandise, a petty theft can be converted into a robbery. A robbery is of course a violent crime and a strike.
Let's say that a year or two later, this young hard-headed, beer-drinking defendant were to get into a fight, and caused the person he was fighting serious bodily injury, such as a broken nose, a fractured cheekbone, and lacerations requiring stitches. He would now have his second strike and be sentenced to prison for at least 4 years.
Fast forward a few years to where this defendant is now a hard-working, 50-year-old father, who has not been in trouble for 30 years. If this same man were to commit ANY kind of felony (not just something classified as a serious felony) — such as stealing anything, or being in possession of any amount of drugs other than marijuana, or deciding to go hunting with his buddies when he is not allowed to have a rifle in his possession — then this 50 year old man would be sentenced to 25 years to life under the Three Strikes Law.
When this defendant turns 60 or 70 (take into consideration that he may NOT have changed ALL his ways, such as still being a drug abuser or an alcoholic), and you have an older person with more severe health problems in custody, like a failing liver. Heck, if he was out of jail or prison and just sat at home eating a lot of hamburgers and French fries and drank a lot of soda, while watching games on the sofa, he may have heart problems, high blood pressure, Type 2 diabetes.
Defendants with medical problems who are “lifers” because of California's Three Strikes Law are VERY EXPENSIVE to taxpayers. Even if the public wants to lock up criminals and give them bread and water, the 8th Amendment to the U.S. Constitution outlaws “cruel and unusual punishment”. That means if an inmate gets sick, he must be cared for. If his condition is dangerous, he may need surgery and rehab just like regular older people who are not in prison.
The Public will have to decide in November 2012, if it is better to be the toughest state on crime, and continue to have prisons with geriatric wards, or to change the law, to at LEAST require that the third strike should also be a serious or violent felony. That way, if the frat-boy, who's now grown up, bald, and fat gets into trouble a third time, he will at least have to commit a serious crime (not just something that can be classified as a felony) to land in the prison geriatric ward.
If you or someone you know have been accused of a crime, arrested, or contacted by police, contact San Jose criminal defense attorney Maureen Baldwin at (408) 279-4450 to learn your options today!
