FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Cobalt Software Platform - Mark43
Mark43's Cobalt software platform unites a set of law enforcement tools securely...

Legally Defensible Training Records

Ask The Expert

Ari Vidali

CEO and Founder of Envisage Technologies

No upcoming webinars scheduled

Top News

Calif. Three-Strikes Law Could Undergo Makeover

October 14, 2004  | 

A Nov. 2 ballot measure that amends the California three-strikes law could set free many offenders jailed under the law’s original guidelines. In Orange County, Calif., James Andrew Abernathy, 43, has been sentenced to 25 years for his third strike, beheading his dog to spite his girlfriend. His long history of violence includes forcing his sister to play Russian roulette and threatening to kill his ex-wife’s new husband with a samurai sword, which police found in his car when they stopped him en route to the couple’s residence. This, along with this most recent count of animal cruelty “Terrorizing people and animals is his form of entertainment,” says Deputy District Attorney Heather Brown. “I believe that the three-strikes law was designed to protect the community from people like him.” But others disagree that the law should stand as is. “No one has ever said that 25 years to life is a suitable punishment for animal cruelty,” says Michael Vitiello, a professor at the McGeorge School of Law in Sacramento. “If we’re punishing them for their past, that’s double jeopardy. California’s three-strikes law, passed in 1994, allows judges to impose life sentences on repeat felons. Proposition 66 would modify the guidelines used to make those decisions, requiring all three qualifying “strikes” to be violent or serious felonies. It would also apply retroactively to all people sentenced under the three-strikes law. Abernathy’s felony animal cruelty charge would not count as a strike under Proposition 66. If it passes, he would only be expected to serve out three years, the sentence usually given for the crime. Because Abernathy has already served much of that time, he would be freed shortly after Jan. 1, when the law’s new guidelines would go into effect.

Request more info about this product / service / company


Be the first to comment on this story





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Envisage Launches Acadis Mobile for High Stakes Testing
Envisage Technologies, creators of the Acadis Readiness Suite—a software solution built to...
Video: FL Sheriff's Office Posts Photo of Arrested Man Crying, Responds to Critics
After facing criticism for a social media post showing a man crying after his arrest...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine