COURT RULING BENEFITS ``THREE STRIKES'' LAW.Byline: Laurie Asseo Associated Press Associated Press: see news agency. Associated Press (AP) Cooperative news agency, the oldest and largest in the U.S. and long the largest in the world. The constitutional protection against being tried twice for the same crime does not protect convicted criminals from a second sentencing proceeding in noncapital punishment cases, the Supreme Court ruled Friday. The 5-4 ruling in a case involving California's ``three strikes, you're out'' law makes it easier for states to impose stiffer sentences on repeat criminals. The justices said California prosecutors can try a second time to convince a court to impose an enhanced sentence on a Pomona man who was convicted of selling marijuana. The man argued unsuccessfully that once an appeals court ruled his prior conviction for assault could not be used to enhance his sentence for the marijuana crime, prosecutors could not seek a retrial retrial n. a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence. (See: newly-discovered evidence) of that issue. The Constitution's Fifth Amendment says people cannot be prosecuted twice for the same crime. ``Many states have chosen to implement procedural safeguards to protect defendants who may face dramatic increases in their sentences'' for being a repeat offender, Justice Sandra Day O'Connor Sandra Day O'Connor (born March 26 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. She was considered a strict constructionist. wrote for the court. ``We do not believe that because the states have done so, we are compelled to extend the double jeopardy double jeopardy: see jeopardy. double jeopardy In law, the prosecution of a person for an offense for which he or she already has been prosecuted. In U.S. bar.'' Angel Jaime Monge's sentence for his 1995 conviction was doubled because his marijuana conviction was deemed a ``second strike'' - he had been convicted of assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. in 1992. California's 1994 ``three strikes'' law calls for doubling the prison sentence for second convictions and results in sentences ranging from 25 years to life in prison for a third felony. A state appeals court upheld Monge's marijuana conviction, but threw out his doubled sentence, saying there was insufficient proof that he used a dangerous or deadly weapon deadly weapon n. any weapon which can kill. This includes not only weapons which are intended to do harm like a gun or knife, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. during his 1992 crime. The appeals court also barred prosecutors' attempt to retry re·try tr.v. re·tried , re·try·ing, re·tries To try again. Verb 1. retry - hear or try a court case anew rehear that aspect of the previous case. To do so would violate the protection against double jeopardy, it said. But the California Supreme Court cleared the way for such a retrial by ruling that the double-jeopardy protection does not apply in such circumstances. The nation's highest court agreed Friday. The Supreme Court previously has ruled that double-jeopardy protection does apply in death-penalty cases. In 1981, the court said states cannot seek the death penalty in a second sentencing after a defendant's first jury declined to impose a death sentence. But O'Connor said death penalty cases have unique circumstances and noted that the court generally has ruled that double-jeopardy protections do not apply to other sentencing proceedings. Her opinion was joined by Chief Justice William H. Rehnquist and Justices Anthony M. Kennedy, Clarence Thomas and Stephen G. Breyer. Dissenting were Justices John Paul Stevens John Paul Stevens (born April 20, 1920) is currently the most senior Associate Justice of the Supreme Court of the United States. He joined the Court in 1975 and is the oldest and longest serving incumbent member of the Court. , Antonin Scalia, David H. Souter and Ruth Bader Ginsburg Ruth Joan Bader Ginsburg (born March 15 1933, Brooklyn, New York) is an Associate Justice on the U.S. Supreme Court. Having spent 13 years as a federal judge, but not being a career jurist, she is unique as a Supreme Court justice, having spent the majority of her career as an . Scalia wrote for himself, Souter and Ginsburg that the extra sentence for Monge seemed to be ``attributable to conviction of a new crime'' and therefore should qualify for double-jeopardy protection. The California sentencing law ``is full of sentencing enhancements that look exactly like separate crimes and that expose the defendant to additional maximum punishment,'' Scalia said. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion