Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: SCOTUS Strikes Down Three Strikes Law and Increased Sentencing Law as Violation of Due Process [View all]Fred Sanders
(23,946 posts)32. My take is if any of previous of three strikes was a "violent felony" as defined, with a firearm, engaging the residual clause, and the accused was
Last edited Fri Jun 26, 2015, 10:25 AM - Edit history (1)
subject to an increased or minimum sentence due to the finding over and above the punishment for the actual third crime, the "residual clause", then there has to be a new sentencing hearing, or the increased punishment over and above the first punishment for the crime is illegal.
That is the narrow interpretation.
Edit history
Please sign in to view edit histories.
106 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
SCOTUS Strikes Down Three Strikes Law and Increased Sentencing Law as Violation of Due Process [View all]
Fred Sanders
Jun 2015
OP
The hate just drips out of his pours. Imagine we have something so ugly on our SC. you cannot
Cha
Jun 2015
#97
Ironic that the three strikes seem to be these decisions to strike down our feelings about the TPA!
cascadiance
Jun 2015
#60
You're reading my mind, rocktivity. The PTB have nothing to lose now that they
valerief
Jun 2015
#64
Wanted to post this on Facebook, but in a format people will read. Google doesn't come up with a
DebJ
Jun 2015
#5
DU may be the first in the entire media world to post it.....I had a direct source.
Fred Sanders
Jun 2015
#18
The Fifth Amendment just got a huge boost...this has very wide implications....think of the detained
Fred Sanders
Jun 2015
#25
Will this mean those folks who are currently incarcerated under 3 strikes,
riderinthestorm
Jun 2015
#22
My take is if any of previous of three strikes was a "violent felony" as defined, with a firearm, engaging the residual clause, and the accused was
Fred Sanders
Jun 2015
#32
Interesting. I've read a few cases where folks are incarcerated for drug offenses
riderinthestorm
Jun 2015
#38
I may be reading this too broadly, but the fact that the entire enhanced sentence provision is
Fred Sanders
Jun 2015
#47
True--but this is the Court that gifted us with Citizens United so it's not likely, is it? nt
truebluegreen
Jun 2015
#29
I started reading his dissent and that's not how it comes off at the beginning.
Renew Deal
Jun 2015
#39
Good. I am reeling form all these June decisions. Getting scared - waiting for the other shoe to
jwirr
Jun 2015
#31
If one of the previous convictions involved a mere firearm possession then a resentencing should be automatic, that
Fred Sanders
Jun 2015
#49
so no more Three Strikes Law allowed? That law has put a lot of people in prisons for life.
Sunlei
Jun 2015
#58
The core decision is more narrow than that, confined to strike down the punitive "residual clause" on the
Fred Sanders
Jun 2015
#63
Not sure at all what you meant, but a narrow focus to strike down, '3-strike' I understand.
Sunlei
Jun 2015
#66
California's citizens voted it in as a Proposition on the ballot, iirc. Don't know about the rest...
Hekate
Jun 2015
#87
This is great! Do the 3-Strikers get released from their life sentences now?
Dont call me Shirley
Jun 2015
#70
Can the State's 3 strikes convictions be challenged in court by the convicted?
Dont call me Shirley
Jun 2015
#100
One of the most important rulings ever. A lot of sentences should be reduced over this...
marble falls
Jun 2015
#71
Criminal sentence laws that are ruled unconstitutional are retrospective as well, and retroactive to any current sentences being served.
Fred Sanders
Jun 2015
#75
Good news. Justice will be picking the private prisons industry's pockets.
marble falls
Jun 2015
#76