Prison Place

"Violent Felonies" (As "Strikes") Within the Meaning of California Penal Code Section 667.5.(c) 1. Murder or voluntary manslaughter. 2. Mayhem. 3. Rape as defined in paragraph (2) of subdivision (a) of Section 261. 4. Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. 5. Oral copulation by force, violence, duress, menace, or fear of immediateand unlawful bodily injury on the victim or another person. 6. Lewd acts on a child under the age of 14 years as defined in Section 288. 7. Any felony punishable by death or imprisonment in the state prison forlife. 8. Any felony in which the defendant inflicts great bodily injury on anyperson other than an accomplice which has been charged and proved as providedfor in Section 12022.7 or 12022.9 on or after July 1, 1977, or as specifiedprior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which has been charged and proved as provided in Section 12022.5, 12022.53, or 12022.55. 9. Any robbery perpetuated in an inhabited dwelling house, vessel, as defined in Section 21 of the Harbors and Navigation Code, which is inhabitedand designated for habitation, an inhabited floating home as defined insubdivision (d) of Section 18075.55 of the Health and Safety Code, aninhabited trailer coach, as defined in the Vehicle Code, or in the inhabitedportion of any other building, wherein it is charged and proved that thedefendant personally used a deadly or dangerous weapon, as provided insubdivision (b) of Section 12022, in the commission of that robbery. 10. Arson in violation of subdivision (a) of Section 451. 11. The offense defined in subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, orfear of immediate and unlawful bodily injury on the victim or another person. 12. Attempted murder. 13. A violation of Section 12308. 14. Kidnapping in violation of subdivision (b) of Section 207. 15. Kidnapping in violation of subdivision (b) of Section 208. 16. Continuous sexual abuse of a child *** in violation of Section 288.5. 17. Carjacking, as defined in subdivision (a) of Section 215, if it ischarged and proved that the defendant personally used a dangerous or deadlyweapon as provided in subdivision (b) of Section 12022 in the commission ofthe carjacking. 18. Any robbery of the first degree punishable pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 213. 19. A violation of Section 264.1.

I heard that a judge out East threw out some 3 strikes cases? Did anyone  find an article? 

 Here is a reprint of the NEw Jersey Judge ruling from yesterday.....

New Jersey's Supreme Court on Thursday scrapped a life term given to a repeat offender under the state's "three strikes" law.  The court said Howard Parks had not committed two offenses - or strikes - before he committed the crime that resulted in the life sentence. The third crime was bank robbery, a federal offense.

As you can see, nothing was done about the unfairness of the law...but one guy DID get a break 

my husband got unlawfuly bodily injury on the person which was me it wasnt like they saud but he had recent domestic violence on his record and got 2 years in prison what can i do now

 One thing I've noticed after 3-strikes was passed by voters in California in 1994, is the significant increase in news reporting of high-speed chases ‼  Put yourself in the shoes of one of repeat offenders.  You've got police chasing you, and before 3-strikes was passed, repeat offenders know they'll be back out in 2 or 3 years (with good behavior), so they pull over and comply with officers.  But after 3-strikes, they know they'll be locked away for at least 25 years, so what do you have to loose by evading police to try and get away ??  The logical choice is to evade capture  ‼

I think the real motive behind 3-strikes and all these get-tough-on-crime laws is to increase the political power and influence of California's prison guards' union, the CCPOA .  An over-crowded state prison means overtime hours for prison guards, more construction of prison facilities, and hiring more prison guards to staff these facilities ‼  More guards means increased members of CCPOA and more union revenue dues.   This means more $$ for lobbying to influence legislators in the state Capitol and $$ to influence voters during election time ‼