Revisiting three strikes.Byline: The Register-Guard The U.S. Supreme Court has decided to review whether some states' three-strikes-and-you're-out sentencing laws result in unconstitutionally harsh prison sentences for what are minor crimes. It's high time for such a review. Under three-strikes laws, 26 states - Oregon not included - allow for a sentence of up to life imprisonment Imprisonment See also Isolation. Alcatraz Island former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218] Altmark, the German prison ship in World War II. [Br. Hist. for conviction of a third felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. . Specifically, the court will take a look at two California cases, both of which underscore The underscore character (_) is often used to make file, field and variable names more readable when blank spaces are not allowed. For example, NOVEL_1A.DOC, FIRST_NAME and Start_Routine. (character) underscore - _, ASCII 95. the vagaries and injustice of many three-strikes laws. In one case, a heroin addict Any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so drawn to the use of such narcotic drugs as to have lost the power of self-control with reference to his or her drug use. was convicted of shoplifting Ask a Lawyer Question Country: United States of America State: Florida caught shoplifting at sears 12/05/05, first time, 20yearsold, have no criminal record. videotapes worth $153 from California Kmart stores. He had two prior burglary convictions, making him eligible for California's three-strikes sentence of 25 years to life, the stiffest in the nation. A state court upheld the sentence, but a three-judge panel of the U.S. 9th Circuit Court of Appeals last year ruled the sentence unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. . The divided panel found a 25 years-to-life sentence "grossly disproportionate" to the crime of shoplifting. The second case involves a man with two convictions for robbery and burglary. His third strike came when he was convicted of attempting to steal golf clubs from an El Segundo El Segundo (ĕl sēgŭn`dō), industrial city (1990 pop. 15,223), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1917. Its products include navigation and computer systems, aircraft parts, office machines, telephone apparatus, and golf course. The prosecutors could have brought misdemeanor charges, but chose to go the felony route and, thus, made the defendant subject to the three-strikes law. He was convicted and sentenced to 25 years to life. A state court upheld the sentence and the defendant appealed. The U.S. Supreme Court will decide the outcome. Supporters of three-strikes laws claim that they are aimed at repeat offenders, have reduced the crime rate and are applied to only a small percentage of the criminal population. But putting someone in jail for 25 years to life for stealing videotapes or golf clubs is excessive. Oregon's approach to criminal sentencing has been through the also-controversial Measure 11 and the state's dangerous offender In Canadian criminal law, a convicted person who is designated a dangerous offender may be subjected to an indeterminate prison sentence, whether or not the crime carries a life sentence. law, which allows for extra prison time for certain offenses under certain circumstances. Measure 11, which sets mandatory sentences for specific felonies, has had its drawbacks, too. Among them has been a huge state investment in prison construction - at the expense of other state programs - and the removal of trial judges' discretion in sentencing. Judges who are trained and experienced in judging criminal cases now find themselves confined con·fine v. con·fined, con·fin·ing, con·fines v.tr. 1. To keep within bounds; restrict: Please confine your remarks to the issues at hand. See Synonyms at limit. by Measure 11's one-size-fits-all sentences. The Supreme Court's review of the California cases is welcome. Its ultimate decision may be limited only to the way the law is applied in California. But it could reach beyond that state and make a general declaration about how far states can go in imprisoning people for long periods of time for what, if separated from the prior convictions, would be considered by almost anyone to be minor criminal offenses. |
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