Legal Question in Criminal Law in California

Why would someone go to prison on the three strikes law if all they did was steal things in a non-violent way? Isn't this harsh or unusual punishment?


Asked on 5/13/11, 10:49 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes. But the counter-argument is, here is someone who can't control their behavior.

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Answered on 5/13/11, 11:20 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Any felony can be a third strike. It doesn't have to be violent. And although a person's first petty theft conviction is a misdemeanor, subsequent petty thefts are felonies. That means a petty theft can be a third strike.

When that happens it seems like cruel and unusual punishment to many people, including me. But such claims have not done well in court.

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Answered on 5/13/11, 11:36 pm
Terry A. Nelson Nelson & Lawless

Yes it is harsh, and yes it is the law, and yes it is designed to be a harsh deterrent that makes people stop committing crimes. If the deterrent doesn't work, then prison will at least keep them from further crimes while they are IN.

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Answered on 5/16/11, 11:18 am


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