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FOLSOM, Ca. - California prisons are so overcrowded that the U.S. Supreme Court ruled that the conditions amount to cruel and unusual punishment. The state is caught between a tight budget and its "three strikes" law, which imposes a life sentence after convictions. Last Fall, voters approved a plan to release some of those lifers.
Proposition 36 allows three-strikers to ask judges to let them out early.
Forty-six-year-old Aaron Collins thought he'd only leave prison in a coffin.
His crime? Selling a small amount of marijuana to other inmates. Collins was already serving time for two prior convictions: A non-violent burglary and another robbery. That made him a third striker.
Collins said he knew there was a three-strikes law, but he took the risk anyway.
This month, Collins became one of the first third-strikers to make their case in front of a judge.
The judge ruled he could be released.
Most of these inmates don't go out with any support -- just $200 and a "good luck." So, if they re-offend -- and it's likely that many will since 80 percent of parolees re-offend -- then that new crime is considered a third strike. Under the new law judges have more discretion, so a judge will decide whether a life sentence in now appropriate.
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So a guy who knew there was a three-strikes law, went right ahead and broke it. Now, he gets released into the public. Want to take bets on how long it will be before he's right back in there?
What do you think of the Three Strikes Law?