The Stanford Law School Three Strikes Project is one of the eleven Mills
Legal Clinics
A legal clinic (also law clinic or law school clinic) is a legal aid or law school program providing services to various clients and often hands-on-legal experience to law school students. Clinics are usually directed by clinical professors. Le ...
at
Stanford Law School
Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford La ...
. Founded in 2006, it provides legal representation to convicts serving
life sentence
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
s under
California's
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
three strikes law
In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...
for committing minor, non-violent
felonies
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resul ...
. Under the supervision of clinic instructors, students represent clients in both
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* '' Our ...
court. The Project is directed by
attorney and lecturer Michael Romano.
In order to secure the release of its clients, the Project pursues
resentencing hearings or
constitutional
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
When these princip ...
challenges to the sentences imposed, either by
direct appeal or post-conviction
habeas petitions. Typical claims include
ineffective assistance of counsel
In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right gua ...
under the
Sixth Amendment,
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
prohibited by the
Eighth Amendment, and habeas petitions with newly discovered evidence under ''People v. Superior Court (Romero)'', 13 Cal.4th 497 (1996), and ''People v. Williams'', 17 Cal.4th 148 (1998). Clinic students work in two-person teams representing a single client, visiting the client in prison, conducting factual investigations throughout California, and drafting court pleadings and briefs.
Despite facing difficult legal terrain under ''
Ewing v. California
''Ewing v. California'', 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in i ...
'', 538 U.S. 11 (2003), and ''
Lockyer v. Andrade
''Lockyer v. Andrade'', 538 U.S. 63 (2003), decided the same day as '' Ewing v. California'' (a case with a similar subject matter),. held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed un ...
'', 538 U.S. 63 (2003), in which the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point ...
effectively foreclosed relief for the disproportionality of third-strike sentences under the
federal Cruel and Unusual Punishment Clause, the Project has been largely successful. To date, it has won the reversal or resentencing of over 150 people. Previous clients had been sentenced to life in prison for minor crimes such as possession of less than a gram of
narcotics, stealing a dollar's worth of change from a car, shoplifting three disposable cameras, writing bad checks, and stealing tools from a tow truck.
The Project has been featured in stories by the
New York Times Magazine
''The New York Times Magazine'' is an American Sunday magazine supplement included with the Sunday edition of ''The New York Times''. It features articles longer than those typically in the newspaper and has attracted many notable contributors. ...
, the
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
,
The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econ ...
, and the
BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
.
References
{{Reflist
External links
Official site
See also
*
Stanford Law School
Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford La ...
*
Legal clinic
A legal clinic (also law clinic or law school clinic) is a legal aid or law school program providing services to various clients and often hands-on-legal experience to law school students. Clinics are usually directed by clinical professors. Le ...
*
Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat ...
*
Three strikes law
In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...
*
Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
*
Habitual Offender Laws
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced o ...
Criminal defenses