In the early 1990′s there had been a horrible crime that was committed that riled the nation. A young girl, Polly Klass, was kidnapped, raped and murdered. The monster who did these horrendous crimes went by the name Richard Allan Davis. He had a long rap sheet of felonies and convicted crimes prior to this situation. This case fueled the fires for legal change to happen. Voters were worried and state representatives were eager to get a bill passed that would stop the Richard Davises in their tracks.
In 1994 the 3 strikes law was passed. Over 1/2 the states have adopted this law. The crux of the law is if somebody commits a felony after committing two prior, then they are eligible for the three strike rule to apply to them. If convicted of the crime, they are sentenced with the minimum of 25 years to life in jail. For Richard Davis, this rule would apply fantasically. Getting him off the streets after his third crime might have made sure the safety of his other victims.
Can this law become arbitrary in specific situations? In the case of Leandro Andrade some people think that this law has treat him unfairly. He'd been found guilty as charged of two minor crimes, neither concerning violence, before his third arrest. His 3rd crime comprised him going to a K-mart and making an attempt to shop lift $150 worth of kid films for his nieces. Not the same degree of crime as Richard Davis.
When he was convicted of this crime he was sentenced 2 25 year terms. 50 years he will be in the jail system with probabilities of parole happening when he reaches his 80′s. Is there a legal right that Andrade has to have less years served? The eighth amendment announces that penalties can't be wicked and surprising. $150 in children’s video tapes are deserving of life in jail?
California, with the harshest of the laws, believes it is appropriate. Andrade has a long rap sheet of different crimes, and they think if he can not head the warning that was manufactured by sending him to prison the 1st couple times, then he deserves to not plague society with his lack of ability to evolve. More then 7,000 convicts have been imprisoned for life due to this law. The number is not stopping. 4 years ago there were 1 million folk in prison. The number today is closer to 1.75 million.
If you or a person you know is liable to a life sentence, hire and Los Angeles criminal defense attorney. A barrister on your side will help get the charges dropped so that life may not be spent behind bars. Los Angeles three strike lawyer will fight for your rights.