Legal Question in Constitutional Law in California
Three Strikes Law & Double Jeopardy
Why does the California Three Strikes Law (& other similar laws) not violate constitutional protections against Double Jeopardy, since it uses past convictions, already served, to determine a sentence?
2 Answers from Attorneys
Re: Three Strikes Law & Double Jeopardy
Your anakytic direction is misguided. The issue is what information can be used, and whether the punishment fits the crime.
You misunderstand Double Jeopardy.
Re: Three Strikes Law & Double Jeopardy
Sentencing takes into account not only the nature of the crime but the background of the offender. It is certainly rational to impose a heavier sentence on a defendant with a criminal history than a first offender. Recidivist statutes (which allow greater punishment for persons with prior convictions) are always upheld against a double jeopardy challenge because the offender is not being punished twice for an earlier offense but only for the current offense taking into account criminal history.
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