Changes to California’s 3 Strikes Law and What they Mean for Repeat Offenders
Thrown in jail for life over a pair of stolen socks — or a pilfered slice of pizza? That’s what happened to at least two men in California, thanks to the state’s tough 3 Strikes Law. According to the Stanford Law Review, California’s Three Strikes Law came about partly in response to the horrific murders of young Polly Klass and Kimberly Reynolds in the early nineties. While well intentioned, the law has had devastating circumstances for those whose third strike was a petty crime – in some cases imprisoning people over a minor theft of a $5.00 item. This one size fits all approach was reviewed and changed as lawmakers realized the devastating consequences the law could have to petty and non-violent offenders who faced life in prison over a relatively minor offense.
In response to this growing problem, voters in California chose to give judges more leeway and discretion and the ability to weigh the crimes – and punishment in question. While some groups protested that this decision would cause an increase in criminal acts and the release of major offenders who were a threat to others, recent statistics reveal that the reform is working.
Prisoners released in response to this new law show a much lower recidivism rate than those in the general population. Intensive exit counseling may contribute to the lower rate, according to representatives of the Amity Foundation, speaking to the New York Times. The new, more balanced approach to repeated criminal activity is designed to make sure the punishment truly suits the crime; even if it is a third strike; it also helps reduce the burden on an already crowded and increasingly violent prison system.
Concerns about overcrowding and increased violence within California’s penitentiary system and reports of outrageous sentencing based on the original, inflexible 3 Strikes Law, led to the changes. Petty theft, lower lever drug crimes and other “victimless” non-violent crimes are most likely to be impacted by the revised bill, while judges still can and do throw the book at hardened, violent offenders who are a risk to the general populace.
Changes in this law have already taken effect, so if you have been sentenced harshly under the original terms or have concerns about an upcoming case, an expert California criminal defense lawyer can help. The legal experts at the Law Offices of Lawrence Wolf can help if you have been charged with a crime and need expert legal representation. It has never been more critical to get a good outcome in your criminal case, since a conviction would count as one of your “3 Strikes” and could still potentially lead to overly harsh penalties. Contact us today at (310) 277-1707 for a free consultation.
