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| California Court Tackles Three Strikes Law |
| By CNN |
| Published: 02/11/2002 |
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Nullifying part of California's three strikes law, a federal appeals court ruled Thursday that life in prison for shoplifting is cruel and unusual punishment. The ruling, issued by a three-judge panel of 9th U.S. Circuit Court of Appeals, is expected to overturn 340 sentences for California defendants and spark appeals by inmates serving life for other nonviolent offenses. 'It is a blow to the law,' said Stephanie A. Miyoshi, a deputy attorney general who argued the issue before the court. Three months ago, a different three-judge panel from the same circuit ruled that the 1994 three strikes law could produce unconstitutionally cruel and unusual sentences. The court overturned a 50-year-to-life term for a shoplifter. That was the first time any court declared unconstitutional a sentence imposed under California's three strikes law. But the judges were silent on the question of whether the ruling applied to all defendants sentenced to life for shoplifting. That silence was broken with Thursday's ruling. The decision means litigation will follow to determine appropriate sentences for the 340 shoplifters. Miyoshi said the state might appeal the case to the U.S. Supreme Court. |
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