View Full Version : 2nd strike


sweetmaxy
10-16-2004, 09:07 PM
It looks like there is a strong possiblility that prop 66 will pass. If prop 66 passes there is a lot of concern that it will also affect 2nd strikers. 2nd strikers are serious or violent offenders. (Right?) So my question is which 2nd strikers would it affect to reduce the amount of time they will have to serve. Or will it reduce the time of all 2nd strikers in some kind of way? Thanks for your help.

sweetmaxy
10-18-2004, 12:45 AM
I found the information I was looking for, thought I would share - hopefully this will help to answer anyone else who may have the same questions.

http://www.contracostatimes.com/mld/cctimes/news/9936075.htm?1c

Prop. 66's supporters and the Legislative Analyst said the measure would apply retroactively only to people serving 25-to-life sentences, potentially freeing about 4,000 third-strikers.

"There is no wiggle room on this," said Bob Kearney, associate director of the American Civil Liberties Union of Northern California.

But retired Contra Costa senior deputy district attorney L. Douglas Pipes pointed to ambiguity in the measure's wording. He said up to 26,000 felons could be released if Prop. 66 passes because a clause in the measure appears to include everyone serving "enhanced" sentences -- not just third-strikers.
"(T)here is a tenable argument that the retroactive provisions of Proposition 66 should apply to 'two-strikers,' and the courts might well accept this argument," Pipes wrote in a memorandum.

Coleman, who has debated three strikes with Pipes for a decade, said if Prop. 66 passes, district attorneys will claim it does not apply to two-strikers. Pipes, on the other hand, said the defense bar will fight to get its twice-struck defendants out of jail as soon as possible.

Prop. 66 would remove eight felonies from the list of crimes considered serious or violent:

• Attempted burglary

• Burglary of an unoccupied residence

• Nonresidential arson resulting in no significant injuries

• Conspiracy to commit assault

• Threats to commit criminal acts that would result in significant personal injury

• Interfering with a trial witness without the use of force or threats

• Participating in felonies as part of a criminal street gang

• Unintentional infliction of significant personal injury while committing a felony

lanangregs
11-02-2004, 11:30 PM
Pipes, on the other hand, said the defense bar will fight to get its twice-struck defendants out of jail as soon as possible. So I don't get it does that mean it applies to second strikers??

SGT Anonymous
11-02-2004, 11:49 PM
From what I have read on it, there is language in Prop 66 that could be interpreted to include 2nd Strikers. But it will have to be decided in court whether it does or not.

lanangregs
11-02-2004, 11:51 PM
hummm cool thanks for the info