Noiz2
Sound Ninja
The point of the three-strike law, which I actually agree with, is not that you're inflicting major punishment for a minor crime, it's that the acccused has proven that he is incapable of learning from the punishment he has received from strikes one and two and he needs to be permanently removed from circulation for the protection of those who would otherwise certainly become his future victims. Still committing crimes after two strikes is proof positive that nothing can be done to redeem him and he will continue his criminal behavior. A minor crime today is a signal that he will committ a major crime tomorrow - he just doesn't care about the impact of his actions and is incapable of learning how to live without victimizing others. The only thing that can be done to neutralize him and stop his lifestyle of recurrent victimization is to put him in a cage and never again let him out.
Well I can't agree. And it breaks one of the cornerstones of american law and that is the fairness doctrine. It is unconstitutional to punish someone out of balance with the crime they are convicted of. Repeat minor crimes do not directly connect to bigger crimes. That starts to sound like the old stupid anti marijuana theory that you need to stop it because users would all become heroine addicts, or the theory that is a sister, "if we don't win in Vietnam the rest of the world will fall to communism", we didn't and they didn't. And even if I though three strikes had some merit, in CA the bar was set way too low. You make it third time murder conviction, or third time assault, hey how about third time DUI for lawyers OK maybe you have a point. But any felony??? In the 60's any trace of pot constituted a felony, student sit ins were felony's. There are a LOT of felony's that in other places and other times are not even crimes. And who gets charged with felony's has way too much to do with who you are and who you know. Nixon (all politics to the side) authorized the burglarization of at least two and probably three locations, destroyed evidence, lied under oath, laundered money, payed out bribes, and hired quite a good sized group of folks for illegal activities. Those are all felony's, and not weeny ones either, and the man was never even disbarred.
No three strikes is a suburban scare law passed by the group least likely to be effected and most likely to manipulate it in their favor. It has done nothing but help bankrupt the state (Ironically one of the "solutions" proposed is letting loose ton's of convicted felons!) and swamped the court system (nobody's doing a deal that will give them a strike).
I think if you really believe in three strikes then you need to go all the way and have summary executions. I mean if the point is you need to permanently remove them from society then why spend $60k a year to keep them behind bars? A bullet out side the courtroom is far quicker and cheaper. If you say you need to "neutralize him and stop his lifestyle of recurrent victimization is to put him in a cage and never again let him out." but aren't willing to just off them then I think your full of BS. Then it's all "I need to end their life, but not in a way that doesn't give me moral deniability". You want to end peoples lives then own it. And once you start to look at it, really look at it then the bar for three strikes gets very high and doesn't include stealing candy bars (an actual third strike, he was on parole or something that elevated it up to a felony).