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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If a person has been incarcerated as a result of the so

Customer Question

If a person has been incarcerated as a result of the so called "three strikes" law, how can they get help for release considering the 8th Amendment?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There are agencies like Southern Poverty Law Center and the ACLU and even Amnesty International, in addition to the Colson Project, that fight these three strikes laws based on claims of excessive sentencing grounds and they raise cruel and unusual punishment as well.
The US Supreme Court in Johnson vs. United States ruled the Federal three strikes law unconstitutional because it is not being used to incarcerate people for dangerous felonies. However, this is the first time the US Supreme Court has found such a law unconstitutional and the US Supreme Court has frequently held that these laws do not violate the 8th Amendment as long as they are used to punish repeat violent offenders committing violent acts.
So at this point with the newest US Supreme Court ruling in Johnson (which was issued in June 2015), now is the time to get the person's case filed arguing the crime that caused him to be sentenced under the three strikes law did not make him a dangerous felon and as such it is unconstitutional.