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What is your opinion on the Three Strikes Laws after the passing of prop 36?

Clovis, CA |

I know this isn't a question seeking legal advice, but I am a college student writing a paper on the Three Strikes Laws. I really wanted to put some quotes from lawyers and attorneys about their opinions on the law. Any help is welcomed, thank you!

Attorney Answers 3

  1. Requiring that the third strike actually be serious or violent restores some sanity to California sentencing which is actually quite tough. There stories of people who committed relatively minor offenses, stealing golf clubs or videos, who received terms of 25 to life. Now in order to trigger that penalty the new offense cannot be relatively minor.

  2. Nice try. This isn't a homework helper site. I wish you the best of luck in school.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  3. Prior to the passing of Proposition 36, California was the only state not requiring that a 3rd strike be serious or violent. As a result, there were many people sentenced to life in prison for what most people consider "minor" crimes, (e.g. petty theft [with a prior], theft offenses, drug offenses, etc.). Our office represents several candidates for resentencing and some of them have served upwards of fifteen years towards a life sentence, which today after the passing of Prop. 36, would only get them a maximum of six. Two of our clients have already been released to join the family members that stood by them for more than a decade. I'm happy to answer any other questions you may have.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.

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