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1. Identify some of the felonies that are detailed under the “three-strikes and out” law in California, and discuss the meaning of the “three-strikes and out” law within the California penal code.

2. Compare and contrast standard and special conditions that can be attached to the terms of
probation.

3. Examine what is meant by rehabilitation and discuss what it targets.

 

Sample Solution

Rehabilitation

California’s three strikes law is a sentencing scheme that gives defendants a prison sentence of 25 years to life if they are convicted of three violent or serious felonies. The law is codified in Penal Code section 667. Three strikes law generally deal with serious and violent offenses. Common crimes considered strikes include rape, murder, arson, and robbery. Standard conditions that probationers must follow include performing community service, meeting with your probation officer, refraining from using illegal drugs or excessive alcohol, and appearing in court during requested time, whereas special conditions include substance abuse counseling, anger management or life skills classes, and payment of restitution. The aim of rehabilitation is to maximize the potential to restore a person who has an impairment, or an incapacity for service or work. Each form of rehabilitation serves a unique purpose in helping a person reach full recovery, but all share the ultimate goal of helping a person return to a healthy an active lifestyle.

This act had a huge effect on the public as the number of cases legal aid is available for has been extremely restricted. The qualification for civil legal aid is stated in LASPO s11 . Legal aid is no longer available for certain cases such as immigration, debt, employment and people argue that this is a violation of human rights under the Human Rights Act 1998 and Article 6 ECHR . Legal advice companies such as Amnesty international also state this may be a breach of our human rights.

Likewise, there have been many cases in relation to this act from funding not bring provided or problems with legal aid. For example, R v secretary of state of justice 2015 is an example of funding not being available for

a criminal trial and whether this was compatible with Human Rights.

There have also been disputes about justice as this act may hinder our treatment in the courts and we may be treated unfairly. As only certain cases are now allowed legal funding this could be discrimination and only exceptional cases are allowed in particular areas of the law.

On the other hand, The LASPO Act has made huge improvements to the criminal justice system, such as bail. Adding the ‘no real prospect test’ to ensure offenders are still treated justly. It has also made exceptions in domestic violence cases, this could be argued as improving the protection the public against criminals. Similarly, sentencing has been amended and this act has added new offences, this suggests the law is

becoming stricter on criminals.

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