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The California Three Strikes Law: A Violation Of International Law And A Possible Impediment To Extradition, Anne D. Goldin

Anne D Goldin

California’s “three strikes” law may be viewed by other countries as a violation of international human rights law and must be modified in order to avoid extradition conflicts. Although the United States Supreme Court has held that the three strikes law does not violate the Eighth Amendment, as applied, the grossly disproportionate sentences imposed under the three strikes law may be viewed by other countries as a violation of the international prohibitions against arbitrary detention and cruel, inhumane or degrading treatment or punishment. Foreign recidivism laws that are not nearly as harsh as the California three strikes law have been …