California has a very strict three strikes and you’re out law. What do the other states think of it?
I read recently in the Sentencing Project about half the states have some version of 3 strikes and you’re out, which is really determinate sentencing for habitual offenders. However, California had some 40,000 people in prison for 2nd and 3rd strikes, which was by far the greatest number of prisoners under 3 strikes laws. The second state had fewer than 1000 state prisoners. The reason is that California allows the third offense to be any felony and in some cases (known as wobblers), a misdemeanor crime can be turned into a felony if the justice system so deems.
In a few cases, men who had two or more previous felonies but who were caught stealing golf clubs, cookies and videos were sentenced to 25 years to life (one was 50 to life) for the third offense. This seems extremely punitive, and these 3 strikes cases is one reason the state prison system has a federal special master who overlooks the prisons. Some believe the feds are about to take over due to severe over-crowding.
Well, it’s just another case of society not rehabilitating people. What good does it do to put a heroine addict in jail. When they need a mental evaluation? If we could just use common sense in our justice system, things would work. Being thrown in jail for 50 to life for the third strike of stealing a twinkie, doesn’t make much sense. They should find out what the under lying reason is and try to change his behavior. If the guy is out killing people. Then I agree.
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