Criticism For California Criminal Law
California voted for the three strikes rule in 1995. There was much concern by CA criminal lawyers regarding the effect of such a law. Criminals who were second and third time offenders got much more severe sentences. For example, when Curtis Wilkerson stole some socks, he was prosecuted for a felony. Since he was a convicted robber in 1981 at the age of 19, he got life in prison.
A small band of students and teachers at Stanford has decided to make an effort to get some of these situations rectified. Convicts like Wilkerson have reached out to the group for assistance in overturning some of the more appalling results of the three strike rule. Cases like this demonstrate how such a law doesn’t really work. In fact, it has had little impact on the crime rate in California.
The history of the three strike rule is sad and ugly. When two young girls were murdered by individuals who already had criminal records, the state of California, as well as the country went into mob mode. The law was approved by an overwhelming seventy two percent of voters.
Simply, the rule requires that when someone is convicted for a 2nd time, they get twice the sentence. Additionally, when you get your third strike you get twenty-five years to life. The controversy over this rule is additionally exacerbated by the fact that while the first two strikes must be violent, the third does not.
In addition to the socks stealer, the Stanford group has clients who have stolen a dollar in loose change and stole some tools from a parked truck. In fact, well over half of the third strikers are in prison for petty theft, drug, or lesser offenses.
A California study determined that crime rates had already begun to decline prior to enactment of the three strikes rule. Further, there was no marked difference between the rates of counties who used it more than those who didn’t. Additionally, the law has increased the age of inmates and increased prison spending by five hundred million dollars per year.
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