Stanford Law School Three Strikes Project
Encyclopedia
The Stanford Law School Three Strikes Project is one of the eleven Mills Legal Clinics
at Stanford Law School
. Founded in 2006, it provides legal representation to convicts serving life sentences under California's
three strikes law
for committing minor, non-violent felonies
. Under the supervision of clinic instructors, students represent clients in both federal
and state
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
challenges to the sentences imposed, either by direct appeal
or post-conviction habeas petitions
. Typical claims include ineffective assistance of counsel
under the Sixth Amendment
, cruel and unusual punishment
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
, 538 U.S. 11 (2003), and Lockyer v. Andrade
, 538 U.S. 63 (2003), in which the United States Supreme Court 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 fourteen life sentences. 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 Los Angeles Times
, The Economist
, and the BBC
.
Legal clinic
The phrase legal clinic may refer to any private, nonprofit law practice serving the public interest. In the academic context, these law school clinics provide hands-on experience to law school students and services to various clients. Academic Clinics are usually directed by clinical professors...
at Stanford Law School
Stanford Law School
Stanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
. Founded in 2006, it provides legal representation to convicts serving life sentences under California's
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
three strikes law
Three strikes law
Three strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
for committing minor, non-violent felonies
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. Under the supervision of clinic instructors, students represent clients in both federal
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
and state
Courts of California
Courts of California include:State courts of California*Supreme Court of California**California Courts of Appeal ***Superior Courts of California Federal courts located in California...
court. The Project is directed by attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and lecturer Michael Romano.
In order to secure the release of its clients, the Project pursues resentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
hearings or constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
challenges to the sentences imposed, either by direct appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
or post-conviction habeas petitions
Habeas corpus in the United States
Habeas corpus , Latin for "you [shall] have the body," is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment...
. Typical claims include ineffective assistance of counsel
Ineffective assistance of counsel
Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case...
under the Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
, cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
prohibited by the Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
, 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
Ewing v. California, , 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 its prior decision in Harmelin v. Michigan, , the Court could not agree on...
, 538 U.S. 11 (2003), and Lockyer v. Andrade
Lockyer v. Andrade
Lockyer v. Andrade, , decided the same day as Ewing v. California, held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual...
, 538 U.S. 63 (2003), in which the United States Supreme Court 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 fourteen life sentences. 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 Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
, The Economist
The Economist
The Economist is an English-language weekly news and international affairs publication owned by The Economist Newspaper Ltd. and edited in offices in the City of Westminster, London, England. Continuous publication began under founder James Wilson in September 1843...
, and the BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
.
See also
- Stanford Law SchoolStanford Law SchoolStanford Law School is a graduate school at Stanford University located in the area known as the Silicon Valley, near Palo Alto, California in the United States. The Law School was established in 1893 when former President Benjamin Harrison joined the faculty as the first professor of law...
- Legal clinicLegal clinicThe phrase legal clinic may refer to any private, nonprofit law practice serving the public interest. In the academic context, these law school clinics provide hands-on experience to law school students and services to various clients. Academic Clinics are usually directed by clinical professors...
- Defense (legal)Defense (legal)In civil proceedings and criminal prosecutions under the common law, a defendant may raise a defense in an attempt to avoid criminal or civil liability...
- Three strikes lawThree strikes lawThree strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
- RecidivismRecidivismRecidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
- Habitual Offender Laws