Leandro Andrade's Three Strikes Law

Improved Essays
Leandro Andrade, a criminal and drug addict who has been in and out of jail for 15 years

for burglaries, transportation of marijuana, petty theft and escaping from prison was convicted with two consecutive years of 25 years to life in prison for petty theft with prior convictions. It was determined that he had violated California’s three strikes law because of his petty theft with a prior that was considered a felony instead of misdemeanors. The California Court of Appeal affirmed the judgement against Andrade claiming that it didn’t violate the Constitution’s 8th amendment.. The Ninth Circuit then reviewed his appeal and concluded that the sentence was grossly disappropriate. The State of California then filed a writ that the Supreme Court
…show more content…
Studies show that repeated heroin use results to dependence and uncontrollable drug seeking no matter the consequence, which describes his situation and priorities perfectly. The California three strikes law is for those criminals who can’t be reconstruct their lives either because of a mental illness or in Andrade’s case, a substance abuser who isn’t willing to stop due to their criminal mentality. The importance this of this law is to get people to learn from the mistakes they’ve made in the past; Although Andrade doesnt seem to learn anything especially after being in prison for so many …show more content…
Putting Andrade in prison not because of his petty theft but also because of all his other convictions, just protects the people in our nation from danger. Enacting this law gives people the chance to right their wrongs. They’ve been given the opportunity to take on a new path and start their lives over knowing what the consequences will be if they dont. People like Andrade took advantage of the three strikes law. He has committed crimes over and over again simply because he’s no longer aware of the crimes he’s committing due to his dependency on drugs. The California three strikes law protects our citizens and gives them the security they so rightfully deserve by keeping these habitual offenders in

Related Documents

  • Decent Essays

    FACTS: Petitioner was charged in Florida with breaking and entering with intent to commit a misdemeanor; this offense is a felony in Florida. The petitioner asked the trial court to appoint counsel, but the court denied the request. The petitioner was found guilty and sentenced to 5 years in prison. The petitioner then filed in the Florida Supreme Court for habeas corpus arguing that the refusal of the trial court to appoint counsel denied him of constitutional rights, but was denied the relief. The case before the U.S. Supreme Court is a Writ of Certiorari.…

    • 372 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    California Proposition 36

    • 1597 Words
    • 7 Pages

    In November of 2000, over 60 percent of California voters approved the Substance Abuse and Crime Prevention Act, a statute designed to aid non-violent drug offenders (“California Proposition 36”). Under Proposition 36, individuals convicted of non-violent drug offenses are offered probation and community-based treatment programs, in lieu of incarceration (“California Proposition 36”). The concept behind the proposition is commendable, but also very controversial. In terms of eligibility and qualification requirements for Proposition 36, the authors of the statue were quite clear.…

    • 1597 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The California Three Strikes Law is an example of a mandatory sentencing policy. The law states that a person who commits a serious felony after two or more “strikes” will be sentenced to minimum of twenty-five years to life in prison. The “seriousness” of the felony is a new consideration that was implemented in 2012 (Couzens & Bigelow, 2012, "California's Three Strikes Sentencing Law"). Prior to the amendment, the law was applicable to ANY felony offense that was considered a third “strike.” This law has lead to the subsequent influx of non-violent prisoners that have engulfed the California prison system.…

    • 483 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In Timothy Williams’ article, “Opioid Users are Filling Jails. Why Don’t Jails Treat Them?”, the methods through which the criminal justice system deals with drug addiction are discussed. By examining how a former drug addict, Dave Mason, dealt with his heroin detoxification process whilst incarcerated, it becomes quickly apparent how jails and prisons may end up encouraging many people to relapse. With the recent national emergency declaration on opioid abuse, there is no doubt any question on how opioid use is becoming a major issue in American society. Therefore, it is necessary to question why many jails and prisons have yet to implement or even allow drug treatment programs, such as the methadone treatment program Mr. Mason completed.…

    • 873 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Cole Cannon Case Summary

    • 1192 Words
    • 5 Pages

    A state will not be required to guarantee eventual freedom, but it must provide an opportunity of release that is based on demonstrated maturity and rehabilitation (Miller v. Alabama, 2012). The question in this case is whether the imposition of life-without-parole of a fourteen-year-old violates the Eight and Fourteenth Amendments’ prohibition of cruel and unusual punishment (Miller v. Alabama, n.d.). The Eight Amendment forbids the infliction of cruel and unusual punishment. The U.S. Supreme Court areas of cruel and unusual punishment; in proportional sentencing and in individual sentencing (Rhodes, 2015).…

    • 1192 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Mandatory Minimums

    • 888 Words
    • 4 Pages

    With a total prison population of 2,217,000 people as of 2013, the United States continues to have the highest prison rate in the world (Institute for Criminal Policy Research). In light of these numbers, it is clear to many that the United States is in need of some kind of reform in the way it responds to crime and carries out justice, however, there is much disagreement on what aspects of our criminal policies need to be reformed and in what way. Many factors play a role in the enormous prison rates in the United States, however, some of these factors raise concerns not only about the prison populations, but also bring up questions regarding economics, ethics, and the overall effectiveness of the United State’s current criminal justice policies.…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    War On Drugs Essay

    • 785 Words
    • 4 Pages

    The war on drugs is a government agenda to ban illicit substances used for recreation. While the current situation in the nation is the fight to legalize the use of marijuana, the contrived fight against other illegal substances is well under way. The nation has been fighting against the use of illegal substances for years. Unfortunately the fight has not seemed to have accomplished much in the way of ridding the nation of prohibited drugs. While a small number of cities have created successful techniques for reducing the amount of drugs that are on the streets, the majority of areas in the nation has straightforward methods that are not as effective drug crime reduction as the nation would like them to be.…

    • 785 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Recently, news emerged that John Horner, a father of three, received the minimum sentence of 25 years in prison for illegally selling $1,800 worth of painkillers to a friend. This is an example of how minimum sentencing causes people to be punished disproportionately to their crimes. Aristotle would call this an inequity our justice system. He defines equity as a “rectification of the law where the law falls short by reason of its universality.”…

    • 872 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Crime In Prison

    • 1269 Words
    • 6 Pages

    Americans today live in a country overflowing with more prisoners than ever, yet crime has been dropping since the late twentieth century. In fact, from 1980 to 2008, the number of people incarcerated in America quadrupled from about 500,000 to 2.3 million people (Criminal 1). There are several factors contributing to this problem. In recent years, America has taken new approaches to crime, such as the “War On Drugs” and the “Three Strikes” law. These approaches have drastically increased the prison population, to the point that 1 in 31 adults, or 3.2% of the population, will spend some time in prison in their lifetime (ibid).…

    • 1269 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Mass Incarceration System

    • 579 Words
    • 3 Pages

    A system that affected the entire public turned into a disproportionate system that incarcerate a great deal of African Americans. Mass incarceration mainly impact the poor and minorities which has been disproportionately impacted by drug enforcement strategies. Relating to family and opportunity, a widespread of incarcerated men of low income communities which has a negative impact on social and cultural norms. Legal challenges have arisen since the enactment of the three strikes law in 1994. Twenty-five years to life for non-serious and nonviolent felonies were made possible because of the three Strikes law.…

    • 579 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The American Public Health Association(APHA) is responsible for the health and wellbeing of our country. As a prime source for “[protecting]...the health of people and communities where they live, learn work, and play” (APHA), we must trust them with the matter of the illegal drug abuse. The APHA promotes “healthy decisions” and should be able to aid victims, whom are unable to exist or grow for themselves. While each drug result in different side effects and hazards, how would we know or measure the knowledge of our justice system of illegal drugs such as cocaine, heroin, or/and methamphetamine. Therefore, personal growth, autonomy, healthy relationships, and physical health are initial for the wellbeing of our communities and our citizens.…

    • 1039 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Analysis Of Blue Lens

    • 1216 Words
    • 5 Pages

    Through a Blue Lens is a 52 minute long documentary which portrays the day to day interactions between a group of officers from the Vancouver Police Department and various homeless and drug addicts in Vancouver’s Downtown Eastside. In this film, the police officers, known as The Odd Squad Productions Society, hope to educate society about the tragedy of those who suffer from the addiction to controlled substances and alcohol, and of the extreme circumstances these individuals find themselves in due to said addictions. Over the course of the film, the police officers develop great sympathy and concern toward the homeless and drug addicts they encounter during their patrolling of the city. As part of the exchanges between the cops and the…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Opioids And Incarceration

    • 950 Words
    • 4 Pages

    Opioids and Incarceration Incarceration of individuals is rapidly rising and the “war on drugs” has targeted opioid addicted users with no other ways of treatment other than jail time. Opioids are widely used for people with legitimate problems and the easy accessibility is making it possible for people of all ages and race to get a hold of. The crisis of opioid epidemic is only getting bigger along with the jail population. Anything from Xanax to Codeine can be easily attainable for the purposes of getting high. Another that is illegal, is heroin.…

    • 950 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A social problem that is present in our current society would be drug usage. Drug usage is a common social problem that affects a tremendous amount of people on a daily basis. It is considered to be a problem because it intervenes with the drug user’s life as well as anyone else around that person’s life. As a drug user, that person’s reality is now wrapped around the drug. A drug abuser’s life is now socially reconstructed around that drug, leading to his entire reality to change dramatically.…

    • 707 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In the last 40 years, incarceration in the United States has reached epidemic proportions. We have the highest incarceration rate in the world; we hold 5% of the world’s population, but house 25% of the world’s prisoners (Kelly 2015). The use of incarceration has gradually become a more acceptable and more used form of punishment. As a result, our prison population is overflowing with offenders ranging from petty theft criminals to violent offenders. As cited in the textbook, purposes of our justice system should be retribution, deterrence, incapacitation, and rehabilitation, (Clear, Reisig, & Cole 2016, p.72-73) but we focus far too much on punishment first and rehabilitation second, if ever.…

    • 1156 Words
    • 5 Pages
    Superior Essays