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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #51  
Old 06-13-2011, 07:36 PM
Gryphon Gryphon is offline
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It is confusing because it is a huge topic. Here's a place to begin:
If you can locate "California Three Strikes Sentencing" published by Barrister Press, that is the best book on the topic that I've found.
The rules regarding 3 Strikes literally filled a book. There's really no way to briefly summarize the topic.
Some procedural rules are found in Penal Code sections 667(b)-(j). See also 667.1 and 1170.12, as well as 1170.125.
Strikes are serious and violent crimes, found in 667.5(c) and 1192.7(c).
The rules as they apply to Juvenile crimes is another different body of law that includes W and I 707(b), PC 667.5(c) and P.C. 1192.7(c).
Out of state Strikes is yet another body of law, covered by case law rather than statute.
A strike can be based on the infliction of Great Bodily Injury. PC section 12022.7 and 1192.7(c). There is a lot of case law regarding what can be GBI, and how GBI needs to be directly and not just proximately caused by the defendant's actions.

A book that is easier to find is CAlifornia Criminal Law: Procedure and Practice published by CEB. That'll contain a summary of stikes law that is brief but fairly easy to read.

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Originally Posted by jkms2005 View Post
The specifications of what a is considered a STRIKE is so unclear..... does anyone know where we can go to get the direct details of what is considered a strike and the regulations to be charged with a 2nd or 3rd strike? any info will help.thanks
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  #52  
Old 09-21-2012, 09:06 PM
Lil Mama's Lil Mama's is offline
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Does anybody have any updated information on how everything going for prop 36? I am already registered with FACTS and also signed a petition with SRJS, Barbara Brooks....
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  #53  
Old 09-24-2012, 02:43 PM
JavisLady JavisLady is offline
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Originally Posted by Lil Mama's View Post
Does anybody have any updated information on how everything going for prop 36? I am already registered with FACTS and also signed a petition with SRJS, Barbara Brooks....
It's on the ballot on Nov 6th....please encourage everyone you know to vote YES ON !!
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  #54  
Old 09-25-2012, 04:52 AM
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Sheryl P. Sheryl P. is offline
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Quote:
Originally Posted by Gryphon View Post
A Judge has the power to dismiss a strike or strikes, as recognised in the CA Supreme Court case of People v. Romero. A motion to have a strike dismissed is called a Romero motion. For a strike to be dismissed, the court has to find that a defendant is outside the spirit of the 3 strikes law.

A DA can dismiss a strike "in the interest of justice". They can be a tough audience when it comes time to make a pitch based on fairness.

Whenver a Judge or DA dismisses a strike, they have to state the reasons on the record. This makes dismissing a strike a very political decision; given these elected officials are leaving a record that they are "soft on crime".

Lots of times Romero motions aren't brought beause of the way a case negotiates. (For instance, if there's a stipulation to low term doubled because of 1 strike, that might be preferable to doing a weak Romero, losing, and then being sentenced to whatever the Judge feels is fair, up to and including an upper term.)

Strikes on your record is a forever thing. There's no "wash out". Srikes are for life. (In theory, the Govenator has authority to remove a strike conviction from someone's record, but that ain't gonna happen.) Just because 1 Judge doesn't impose a srike, doesn't mean that a future judge on a subsequent case will be bound by that decision.
Unless of course perhaps your a personal friend of the Gov,such as when Arnold S. decided to reduce time on a felony conviction of a friends son before he left office.
Is this justice
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  #55  
Old 09-27-2012, 10:47 AM
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Originally Posted by Sheryl P. View Post
Unless of course perhaps your a personal friend of the Gov,such as when Arnold S. decided to reduce time on a felony conviction of a friends son before he left office.
Is this justice
I can't say if it was just or not. I can say that sometimes who you know is more important than what you know, that local knowledge is king, and that some folks know more powerful people than others...and it sure looked bad.
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  #56  
Old 10-01-2012, 05:15 PM
Morans_Wifey Morans_Wifey is offline
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My husband caught 3 strikes now but is still coming home, will we still be able to have family visits and how long after they send him to prison do i have to wait?? Im almost 30 and you know how that goes '
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  #57  
Old 10-02-2012, 10:35 AM
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Originally Posted by Morans_Wifey View Post
My husband caught 3 strikes now but is still coming home, will we still be able to have family visits and how long after they send him to prison do i have to wait?? Im almost 30 and you know how that goes '
that's fantastic if that's the case. my husband striked out and has 25 to life with the possiblity of parole. lifers do not get family visits. and after doing their time, the parole board is not quick to let them out.

That's why they need to revise the 3 strikes law and vote YES ON 36
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  #58  
Old 11-08-2012, 08:05 PM
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Originally Posted by wendygonzales31 View Post
Hi it's Wendy and I agree with the post to get involved with Facts1.Im with the Long Beach Chapter,and we are having our meeting on Jan 27th at 11:30 here in N.Long Beach.We need your support so please feel free to email me directed. wendygonzales31@yahoo.com. I will be more then happy to help you and or get you the info your looking for to help our loved ones who are affected by this 3 strike law.
Wendy
I need sum help.How to are where do I start getting paper work started for my. Boyfriend on his 3 strike. He has been incarcerated for 15-17 years he got 25 to life for drug possession an so I need sum help. Thank you
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