Assignment : "Three Strikes and You're Out"
The US Constitution is a living document that still applies to our everyday situations! On this assignment, you will research which US Constitutional Amendment can assist and individual who was sentenced to prison for life after her third felony commission.
California has recently passed a new law that states that anyone committing a felony for the third time will be sentenced to life in prison, without the chance for parole. This is commonly called the "three strikes and you're out" rule.
Anne was driving home after a Christmas party hosted by her boss. She was stopped by the police and charged with driving while intoxicated. Anne already had two assault convictions on her record. The Los Angeles County Prosecutor applied the "three strikes and you're out" rule to her case. As a result, she was sentenced to life in prison.
Research the California sentencing statute. What argument can Anne use to argue the unlawfulness of her conviction? In addition, you can help Anne by finding out which Constitutional Amendment has been violated by the "three strikes and you're out" rule. Why?
Your attorney has asked you to draft a memo of no more than 500 words