CA Supreme Court Weakens ‘Three Strikes’ Sentencing for Gang Members

The California Supreme Court issued two major rulings last week that could significantly reshape how courts handle gang enhancements and sentencing. These decisions allow individuals convicted under older, broader gang laws to challenge their sentences under stricter standards established by the 2021 STEP Forward Act. The law raised the burden of proof for gang involvement, narrowed admissible evidence, and aimed to curb the overuse of enhancements that disproportionately affected minority communities.

In one 5-2 ruling, the court overturned a death sentence for Jason Aguirre, a defendant linked to the Dragon Family Junior gang. The justices ruled that jurors were not properly instructed under the updated legal standards. Although Aguirre’s murder convictions remain, his gang enhancements were deemed invalid. In a separate case, the court ordered a retrial of two defendants’ gang-related sentences, potentially paving the way for thousands of similar challenges.

The rulings have sparked considerable debate. Chief Justice Patricia Guerrero issued a strong dissent, warning that the court had overstepped by applying the law retroactively. She argued that the decisions would make it “virtually impossible” for prosecutors to sustain gang allegations in older cases, especially where evidence may be outdated or incomplete.

Legal analysts say the decisions reflect a broader shift in California’s justice system, moving away from the tough-on-crime policies of the 1990s toward a more rehabilitative and equitable model. The rulings bring renewed focus to the STEP Forward Act and the ongoing reevaluation of gang-related prosecutions across the state.

These developments also come amid political tensions, as Governor Gavin Newsom attempts to project a tougher stance on crime while supporting criminal justice reform. With a possible 2028 presidential run in mind, Newsom’s balancing act underscores the evolving dynamics of law, justice, and politics in California.

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