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Full-Text Articles in Law
Career Criminals Targeted: The Verdict Is In, California's Three Strikes Law Proves Effective, Naomi Harlin Goodno
Career Criminals Targeted: The Verdict Is In, California's Three Strikes Law Proves Effective, Naomi Harlin Goodno
Golden Gate University Law Review
This Article reviews the impact of the Three Strikes law over the last decade and concludes that, based on data that have been collected and the manner in which the law has been applied, it has proved effective. The first section of this Article explores the history behind the legislation and the law itself. The second part of this Article sets forth three reasons why the Three Strikes law has proved effective: (1) The Three Strikes law is carrying out its goals by incapacitating career criminals and deterring crime. Since its enactment California's crime rate has dropped, and, for the …
The "Spirit" Of The Three Strikes Law: From The Romero Myth To The Hopeful Implications Of Andrade, Rebecca Gross
The "Spirit" Of The Three Strikes Law: From The Romero Myth To The Hopeful Implications Of Andrade, Rebecca Gross
Golden Gate University Law Review
We watch enthralled as television news programs sensationalize some of the saddest moments of our reality. We are shocked by the violence and brutality of those who prey on the innocent and vulnerable. We become both enraged and frightened as we realize that there are people among us who have no regard for human life. In the wake of tragedy, we furiously search for answers, we seek ways to avoid suffering the same pain in the future and, often, we sacrifice the rights of many, believing that such a sacrifice is necessary and justified. A prime example of this reaction …
California's Foul Strike: A Single Act Punished With Two Strikes, Dawn Philippus
California's Foul Strike: A Single Act Punished With Two Strikes, Dawn Philippus
Golden Gate University Law Review
This Note first provides an overview of the Three Strikes law, and explains how a court determines sentence enhancement under the Three Strikes law. Sections III, IV, and V describe the facts, procedural history, and the California Supreme Court's rationale for upholding the appellate court's decision. Section VI of this Note critiques People v. Benson, and the majority's conclusion that the language of the Three Strikes law is sufficiently explicit to allow enhancement of a sentence based on a conviction stayed pursuant to a statutory prohibition against punishing an act or omission under more than one penal provision. Section VI …
Custis V. United States: Are Unconstitutional Prior Convictions Being Used To Increase Prison Terms?, Barry W. Strike
Custis V. United States: Are Unconstitutional Prior Convictions Being Used To Increase Prison Terms?, Barry W. Strike
Golden Gate University Law Review
This note will first explain the facts of Custis' case and then discuss the background of the Armed Career Criminal Act. The ACCA discussion will be followed by a review of the procedural history and the Supreme Court's analysis of Custis' case. The note will then offer a critique of the Court's interpretation of the language and legislative intent behind the ACCA. Finally, the note will conclude that the Custis decision illustrates increasing judicial effort to curtail the availability of post-conviction relief formerly available to criminal defendants.