Congressional Digest

Supreme Court Debates December 2002 No. 9 Vol. 5
California Attorney General Bill Lockyer

Three Strikes Laws

Mandatory Sentencing and Cruel and Unusual Punishment

California Attorney General Bill Lockyer

Petitioner

Douglas P. Danzig, Counsel of RecordIn 1994, in an effort to reduce crime by keeping habitual criminals in prison, the California State legislature and voters, through a ballot measure, approved a "Three Strikes" law. Under the statute, criminals convicted of two or more violent or "serious" felony convictions must receive a mandatory 25-years-to-life sentence if convicted on a third felony count. On April 26, 1996, Leandro Andrade was convicted of two counts of petty theft with a prior conviction. Because he had two prior State burglary felonies on his record, he automatically received a mandatory minimum sentence of 25 years…

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