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California Three Strikes Sentencing (The Rutter Group Criminal Practice Series)

Product details:

Brand: The Rutter Group
Copyright: 2008-2018
ISBN: 9781539272793
Publication frequency: Updated as changes in the law dictate
Update method: N/A

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California Three Strikes Sentencing (The Rutter Group Criminal Practice Series)


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California Three Strikes Sentencing is a comprehensive study of the application of the California three strikes law. Each paragraph of the statutes is analyzed in the context of more than 350 published appellate decisions. Detailed narratives explain which crimes qualify as strikes, how they are proved, how they may be stricken, and how strike sentences are calculated. It includes:

  • Statutes of the three strikes law
  • Qualifying prior convictions and adjudications
  • Characteristics of strike prior convictions
  • Pleading and proof of prior convictions
  • Challenges to the validity of prior convictions
  • General sentencing principles for all three strikes cases
  • Calculation of sentence with one or more prior strikes
  • Multiple count and multiple case sentencing
  • Discretion in the pleading and plea bargaining
  • Authority of courts to dismiss strikes (Penal Code § 1385)
  • Specification of offense as misdemeanor
  • Constitutional issues
  • Discussion of the proper relationship between the one strike and three strikes laws
  • Clarification of how juvenile strikes are used
  • Explanation of when sentences must be consecutive, when courts can strike prior convictions, and which sentencing issues may be appealed