May 15th, 2012 | 
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A strike, defined as a serious or violent felony, carries with it a significant sentence under California’s “Three Strikes Law” (Penal Code §§ 667 (b) – (j) and 1170.12). A conviction for a second strike usually results in a doubling of the sentence. A conviction for a third strike carries with it an indeterminate sentence of twenty five years to life. This type of sentencing structure is in part designed to protect the public from violent and dangerous career criminals.
In 1989, Courtney Crosby was convicted of rape (Penal Code § 261a(2) and strike number one for him) as well as forcible copulation (Penal Code § 288(a) and strike number two). He also had a prior robbery conviction. He was thereafter required to register as a sex offender under Penal Code § 290 and annually updated his address within five days of his birthday for the remainder of his life.
At first, he complied. In 1999, however, he was arrested and charged with failing to annually update his registration five days after his birthday (Penal Code § 290 (a) (1) (c)) and failing to register within five days of a change of address (Penal Code § 290 (f)). The judge sentenced him to on indeterminate term of twenty-five years to life, plus one year for a prior prison term.
Courtney Crosby appealed the sentence as a writ of habeas corpus, arguing that the third strike sentence imposed for his technical errors in failing to register violated the Eighth Amendment’s prohibition against cruel and unusual punishment.
The appellate court affirmed the sentence, so Crosby appealed to the U.S. Court of Appeals for the Ninth Circuit. Crosby argued that his violations were disproportionate to the sentence imposed. In evaluating Crosby’s argument, the United States Court of Appeals for the Ninth Circuit began its analysis with the understanding that it could reverse the lower court when, “there is no possibility that fair mended jurists could disagree that the state court’s decision conflicts with the Supreme Court’s precedents.”
The Court of Appeals then noted that Crosby was convicted of both failing to update his address within five days of changing his address and for failing to annually register.
Citing prior U.S. Supreme Court decisions, the Court of Appeals then analyzed the twenty-six years to life sentence as grossly disproportionate by evaluating the gravity of the offense. The court looked to other jurisdictions where life sentences were upheld for possession of 650 grams of cocaine, another in California under Three Strikes where a life sentence was upheld for grand theft of personal property (golf clubs) in excess of $400 in value and another life sentence under Three Strikes in California for petty theft $153.54 in videotapes. In all such cases, the Three Strikes sentencing structure was held not to violate the Eighth Amendment.
The Court then discussed Gonzalez v. Duncan (9th Cir. 2008) 551 F. 3d 878, involving only a conviction for failing to register within five days of one’s birthday. The court there contrasted the annual registration requirement with the address change requirement as more of a technical, regulatory provision to back-up to the change of address requirements.
Turning to Crosby’s case, the Court of Appeals decided that the sentence by the trial court did not constitute “cruel and unusual” punishment, as the state had a public safety “interest in ensuring that it knows the whereabouts of its sex offenders.” Therefore, the trial court’s sentence was not objectively unreasonable and the sentence was affirmed.
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When you hear the words “law enforcement officials” your mind is immediately filled with respect and honour. They are the ones who play significant roles in maintaining the law and order in the country save the lives of people and prevent mishaps and accidents. Whether you talk about policemen, traffic officials or fire fighters, all of them are vital to upkeep peace and tranquillity in the country. If any thief steels your purse, you immediately go and report the theft to the police. When yours or your neighbour’s house catches fire due to some mishap, you instantly call fire fighters to extinguish the fire. Whenever you are driving you maintain the speed limit and follow the traffic rules due to the fear of traffic officials.
But, how do you immediately recognize them and distinguish them from the crowd? The answer to this is very simple- because of their unique law enforcement uniforms. Every official is allocated their distinguish uniform so that the common masses do not face any difficulty in identifying them. Even from a distance you can easily decipher a traffic police, a policeman or a fire fighter with just a glance at their uniform. According to their rank and designation, they are given a particular uniform which they have to wear while on duty.
Apart from the uniform, they also wear durable and resilient footwear so that they can easily move and perform their duty with ease. The law enforcement officials generally prefer durable boots like bates boots as they are strong and perfect for rough and tuff use. They have to face uncommon and unusual circumstances, like policemen may have or run to catch a thief, or the fire-fighters have to enter a building on fire to get the people trapped in the building out. So, they need footwear which can stand the situations of fire, dirt and dust.
The normal footwear easily wears out or tears in such situations and it needs immediate replacement. Tough boots like bates boots are the best for the officials as it is specially made to tackle extreme situations. These boots do not require maintenance. All you need to do is just clean them with a neat cloth and they would appear like new. So, with the right law enforcement uniforms and the best boots in tow, the officials can readily perform their duty and make the world a better place to live for all!
The standard of solicitors in Nottingham is extremely high as there are a number of good quality firms with many years of experience to select from. Solicitors provide an essential service and will advise you on all aspects of the law along with a wide range of legal issues.
Personal injury claims is one reason that lots of people need the services of a solicitor. Should you have suffered an injury in an accident at any time in the last 3 years you may have a claim for damages. If you believe that you might be able to make a claim you ought to speak to a solicitor right now. Making a claim is simple and straightforward with the vast majority of cases not requiring a court case.
Another common cause for using solicitors is property law. If you are selling or buying a property the services of a solicitor are vital. There is little doubt that property law is extremely complicated and a lawyer acquainted with all aspects of property law is essential.
Family law is one of the biggest sections of the law and covers issues like separation, paternity, child custody as well as divorce. Obviously these are all sensitive and emotional matters which need to be dealt with in a caring and sympathetic manner. Family solicitors are specifically trained to deal with these problems and will always handle them in a professional way.
Solicitors in Nottingham can offer legal assistance on a variety of legal issues in addition to property, family and personal injury law. A few of these consist of corporate law, employment law as well as the drawing up of wills. If you feel that you might need a solicitor get in touch with one today for a free consultation.
Most people are not aware of the complete range of expert services that are supplied by solicitors in Nottingham. They can give you information on all matter of legal topics such as family law, employment law and property law etc. These days it has become standard practice for the majority of firms of solicitors to focus on specific areas of the law although some firms still work as general solicitors.
If you have not had a lot of dealings with solicitors you might not be aware of full range of services that they offer. If at this time you haven’t yet made a will then it is something that you should definitely think about. Should you die without a will your property might not go where you wish them to or may even end up being claimed by the government. Tax solicitors can also help to lower the level of inheritance tax that your family members will have to pay on your death.
Solicitors specialising in the field of employment law offer an important service to employers and company owners. They can help you draft staff contracts and help you to ensure standards in the workplace. They will also be able to help you with policy and procedure in the workplace.
Contemporary family life is undoubtedly complicated and family solicitors can help with the various problems that come up. They can resolve disagreements over access to children, visiting privileges for parents and grandparents and a broad variety of other family issues.
Among the other services that solicitors offer are property law and conveyancing services for potential buyers and sellers of properties and corporate law for businesses. Should you be experiencing any legal issues solicitors in Nottingham can help you to take care of your problems. For more information on how solicitors can help you and also the services they offer speak to one today.
If you need solicitors in Nottingham to help you with legal issues you might have a difficult search in front of you. The marketplace is full of solicitors and choosing the one that best suits your needs and requirements can be quite a difficult and time-consuming process.
To help make the process a bit simpler below are a few items that you should consider when you’re looking for a solicitor. Asking your friends and family which firm of solicitors they use can be a good place to start. They will inform you of their own experiences dealing with various firms of solicitors and also the quality of work they received.
The next thing to do is to obtain estimates from a number of different firms. You will find that prices vary significantly between different firms of solicitors so take time to obtain as many quotes as possible. It is worth remembering that the cheapest quote won’t necessarily be the best and may be cheap for a reason. The standard of service you get from a particular firm may well be reflected in the price. If yours is a complex case which will require a lot of personal attention cheaper isn’t going to be best.
The next thing to consider is geographical location. While location should not be your only reason for picking a solicitor to work with its well worth giving it some thought. This is definitely the case if your case will entail numerous trips to the office to discuss your case or sign paperwork.
The final tip when you’re choosing solicitors in Nottingham would be to ask plenty of questions when speaking with different firms. This is an excellent way to see how knowledgeable the staff are and also to determine the quality of service you will receive. Finding a great solicitor to work for you doesn’t need to be difficult if you follow the suggestions above.