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Court Declares State's "Three Strikes" Law Unconstitutional
By
Jaya Saxena
Published Apr 1, 2010
Modified Apr 1, 2010
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By
Jaya Saxena
Published Apr 1, 2010
Modified Apr 1, 2010
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Under New York Law, third-time felons have faced a minimum of 15 years to life in prison. But that law was judged unconstitutional by the Second Circuit Court of Appeals, with Judge Ralph Winter writing that it violates the Sixth Amendment guarantee of trial by jury. The Post reports that the unanimous decision in Besser vs. Walsh could mean four criminals who challenged their life sentences may see them reduced.
The court found fault with the provision that authorizes judges to consider the "history and character of the defendant and the nature and circumstances of his criminal conduct." Judge Winter wrote, "Any fact [other than a prior conviction], no matter how generalized or amorphous, that increases a sentence for a specific crime beyond the statutory maximum must be found by a jury," not a judge. This will send all four cases back to lower federal courts, including the case of Vance Morris, who was sentenced to 15 years to life after violating an order of protection and threatening to kill his girlfriend. His two prior felonies were attempted robbery and attempted drug sale.
There may be some future confusion regarding the decision, as this is the first court to counter the law. Appellate lawyer Richard Mischel said, "The Second Circuit has now run counter to what every state court has held with regard to that law. This is really an unusual occurrence." Only the U.S. Supreme Court can make New York courts obey the ruling.
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besser v. walsh
court
jury
law
second circuit court of appeals
three strikes
Jaya Saxena
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