It´s been a month since a federal appeals court declared that California´s tough on crime three strikes law can produce “cruel and unusual” sentences.
Today, a three-judge panel of the Ninth U.S. Circuit Court of Appeals grappled over that ruling´s fallout. The judges are considering in what circumstances the state´s voter-approved measure unfairly punishes repeat offenders.
Just last month, the court said a life term for a San Bernardino man convicted of shoplifting violated the Constitution´s ban on cruel and unusual punishment. It was the first time any court declared a sentence unconstitutional under California´s three strikes law.
In two cases argued today, the court and lawyers battled over how to balance that case with other three strikes cases on appeal.
This post was last modified on 01/31/2009 5:56 pm