Retroactive Application Makes 3-Strikes an Ex-Post Facto Law
California implemented the 3-Strikes law in 1994--yet any crimes committed prior to
1994 can be counted as strikes. This means that people who were convicted of strikes (such
as residential burglary) as long ago as the 1970s are now being imprisoned in a maximum
security prison for 25 years-to-life for such minor offenses as petty theft (w/ a prior)
and possession of narcotics.
The major problem is that many people did not defend themselves with a great deal of
intensity--or, many took "pleas"--in the past. The "deals" by
prosecutors usually involved admittance of guilt to serious "felony counts"
(which would make the prosecutors' records look good); and, in return, the defendants
would only receive probation or a small penalty. And (putting the hammer over the
defendants' heads), if they didn't "plead guilty," they were told they would
receive "maximums" if they went to trial and were found guilty.
Many 3-Strikers feel they admitted to crimes and counts they would never have agreed
to if they knew they would count as "strikes." Poor individuals were especially
likely to take "pleas" because their public defenders (with little time or money
to investigate) were happy to see the cases resolved.
Once again, the 3-Strikers broke a new law to get a third strike, but there has to be
a line drawn somewhere. What if "jay-walking" or "rolling through a
stop-sign" constituted an offense severe enough to trigger a third strike? Would the
Supreme Court allow 25 years-to-life for such offenses? How much different is
"jay-walking" from "possession of narcotics" for a drug-addict
(especially when the police and probation officers are constantly targeting and intensely
watching past addicts)? The State of California has implemented a law that is punishing
people for acts committed prior to its enactment. Perhaps the "ex-post facto law
clause" is not being violated in "form," but it is definitely being
violated in "substance."
The following are some statistics and comments from books and articles on how the
3-Strikes law is an "ex-post facto law." PLEASE SEND US NEW DATA AND ARTICLES IF
YOU HAVE THEM.
Please send questions or comments to factsla@sbcglobal.net.
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reposted without permission of Families to Amend California's 3-Strikes.
Date last modified: 7/14/97.