Question 1

How the Three Strikes Law Unfolded in California?

Accepted Answer

In the early 1990s, public concern over crime rates led lawmakers in several states to propose habitual offender laws. One such three-strikes bill in California failed in 1993. However, later that year, the brutal kidnapping and murder of 12-year-old Polly Klaas by a repeat violent offender sparked outrage in California. This case renewed momentum behind efforts to enact a three strikes bill that put repeat felons behind bars for longer and harsher sentences. Legislative Efforts In 1994, Republican Assemblyman Bill Jones introduced AB 971 to mandate prison sentences of 25 years to life for offenders convicted of any third felony after two prior serious or violent offenses. The legislation faced initial opposition for being too broad in applying the third strike penalty to all felonies. Amendments were made to narrow qualifying third strikes before the Assembly passed the bill in January 1994. Governor Pete Wilson pledged his support, as did members of the law enforcement community. Voters' Approval In November 1994, California voters overwhelmingly approved Proposition 184, a ballot initiative very similar to AB 971. With 72 percent voter approval, the law modified California's sentencing laws to enact one of the toughest three strikes statutes in the U.S. Enactment In March 1994, Bill Jones reintroduced a modified version of AB 971, containing language nearly identical to Prop 184. With bipartisan support, the Assembly and Senate passed this version of the legislation - signed into law months before Prop 184 officially took effect. The shocking murder of Polly Klass galvanized public opinion behind a tougher repeat offender law - a law that legislators transformed into the passage of AB 971.

Question 2

How the Three Strike Law Came About?

Accepted Answer

California passed its strict three strikes sentencing law in 1994 based on the belief that the fear of severe repeat offender penalties would deter crimes. The law mandates state prison terms of 25 years to life for those convicted of any new felony if they have two or more prior serious or violent felony convictions. By incapacitating career criminals, politicians hoped public safety would significantly improve. Defenses Used in Strike Cases Defense attorneys have several angles to defend three strikes cases or client interests despite this legislatively strict policy: Vigorously contesting prior strike validity - Any evidentiary, procedural, or constitutional problems with previous convictions can nullify their viability for counting as strikes towards current charges. Arguing strikes as cruel/unusual punishment if a minor third felony - Lengthy sentences grossly disproportionate to non-violent crimes may be unconstitutional via the Eighth Amendment. Challenging strikes counting across state lines - Differences between states in classifying felonies as serious or violent may upend eligibility Seeking relief under California’s Proposition 36 - A 2012 reform measure, California’s Proposition 36, challenges strike criteria, allowing resentencing post-conviction if a third felony is considered non-serious.

Question 3

How a Criminal Defense Attorney Can Assist in Your Three Strikes Defense?

Accepted Answer

As noted, skilled defense attorneys employ various strategies when seeking to defend three strike defendants facing these charges. They may use the following tactics to gain legal relief for their client. Procedurally attack prior qualifying felony convictions to nullify strike eligibility Argue 8th Amendment prohibitions against cruel & unusual punishment if the third felony is relatively minor Challenge strikes counting across state lines under CA code section 667(d)(2) Dispute previous out-of-state convictions as meeting CA strike offense equivalent definitions Seek favorable plea deals to lesser non-strike counts through substantive evidentiary defenses For non-violent third felonies, petition for resentencing under California Proposition 36 reforms Prepare for trial asserting innocence on the third felony while contesting the legal validity of prior strikes A combination of technical appeals, constitutional protections, and assertive courtroom advocacy provides avenues for defending against severe three strikes penalties.

Question 4

How an Attorney Can Plead Down Your Case?

Accepted Answer

Defense attorneys have a few options when trying to plead down three strikes cases in California - all meant to avoid mandatory 25-years-to-life sentences for their clients: File Motions Challenging Prior Strikes Attorneys can research prior felony convictions to find any past legal errors that notably affect a client’s case. If serious issues exist, like a lack of legal counsel or official misconduct, they can motion to overturn the strikes. This requires extensive work to prove the fundamental defects surrounding the case. Taking this step makes things more proportionate to prior crimes. This is often done to avoid unusual and cruel punishment based on an offender’s Eighth Amendment rights. Negotiate to Dismiss Prior Strikes More commonly, criminal defense lawyers negotiate with prosecutors to withdraw one or more previous strikes to avoid the three strike sentence. This involves demonstrating mitigating factors about prior felonies or the current charge to persuade the DA not to apply full sentencing. Argue Rehabilitation and Low Public Risk The defense may present evidence that their client has reformed. Therefore, a defense attorney may show their client is attending a rehabilitation program, maintaining employment and housing stability, providing family support, or volunteering in the community. These activities can convince prosecutors that an offender presents minimal public safety threats if spared an enhanced sentence. Highlight Mental Health/Addiction Issues If mental illness or drug/alcohol dependency played a role in a defendant’s crimes, attorneys emphasize treatment needs over punishment. Proactively having clients enroll in counseling and programs shows a rehab commitment worthy of sentencing leniency. Noting a Minor/Non-Violent Current Felony The attorney may argue that an enhanced sentence is disproportionate and unjust if the third strike is non-serious or non-violent in nature compared to prior offenses. Stealing minor items or low-level drug possession often gets such charges pled down. By researching strike defects and presenting mitigations, a criminal defense attorney can sometimes convince a prosecutor to reduce charges.

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