California’s Three Strikes Law is nothing new. In fact the popularity of the harsh sentences on career criminals is reaching new heights. Many Californians are happy to see crime rates dropping while state officials are blaming the over crowed prisons on the Three Strikes Law .
For those who dont know the Three Strikes Law is simple, criminals get two chances to improve their lives. If arrested a third time, for violent or non-violent crime, the possible sentence is 25 years to life. Keep in mind the criminal has to be convicted of three crimes in order to face 25 years to life.
Here is where the controversy begins. It has become obvious that different counties of California are enforcing this law in very different way.
Kern County, in California’s central valley, is known for agriculture, oil wells and country music. In legal circles, it’s also known as the county with the highest rate of prosecuting and sentencing people under the three strikes law. In his Bakersfield office, District Attorney Ed Jagels says he’s proud of that record. Jagels complains that the national media lie when they report on California’s three strikes law. They single out cases where the third strike was a nonviolent crime, but they never look at the whole record, he says.
It could be an auto theft. But if the individual has previously been convicted of, let’s say, a rape, an assault with a deadly weapon with great bodily injury, it seems to me, if he hasn’t learned his lesson and we catch him for an auto theft, he needs that severe penalty of 25 to life.
-NPR
The very popular story of an Inland Empire man facing 25 years for stealing doughnuts has some people questioning the ethical practice of the Three Strikes Law. I say he should not have stolen the doughnut to begin with. Furthermore it was not this one time offense of stealing doughnuts that has him facing 25 years in prison. What are the other two crimes he was convicted of?
A little further south in California one District Attorney does not feel so strongly about carrying out the Three Strikes Law. He says that if the prosecutors abuse the right to sentence career criminals to life, that right will be taken away.
Twenty-five to life is the same sentence we give to first-degree murderers, says Los Angeles County District Attorney Steve Cooley. And to give that to someone who committed a petty theft or two-bit forgery just seemed disproportionate.
The three strikes law allows prosecutors to disregard some prior offenses. Cooley takes full advantage of that. He almost never charges a nonviolent offense as a third strike. Cooley says it’s almost as if there were different laws in different counties.
-NPR
I feel DA Cooley is taking the easy road and avoiding accountability. The Three Strikes Law has provided a vast improvement to the state of California and its the residents of the state that keep this law in effect. But choosing which crimes to make a criminal responsible for is a blatant disservice to our community. If we continue to turn a blind eye to small non-violent crimes why have laws at all. It is proven repeatedly that the only deterrent from crime is the actual punishment. These loop holes in the system have left law abiding citizens at risk to be victims of non-violent crimes.
Jeana, you clearly have mental health issues. To suggest that it is ok or normal for a man to be sentenced to 25 years for stealing a doughnut is clearly insane. I’m just glad that i live in britain, where i would get maybe a small fine for stealing a doughnut. If i kept on stealing doughnuts then i would eventually get sent to prison for maybe a month or two at worst. That is because in my civilised country, THE PUNISHMENT FITS THE CRIME.
Now nobody would say that it is ok for this man to steal doughnuts. He should certainly be punished if he gets found guilty in a court of law. However, should we take his life away? If it was you who had to physically take him to prison and lock the door behind him, could you do it? Maybe be forced to visit him once a week to see him suffering.
Your country stinks, and i’m glad that i don’t live there. The three strikes rule is disgusting.
Its not a mental health issue to obey the law.
I am saying if people know the law they should avoid committing the crime.
If we as a society continue to let people steal what lesson is learned?
You should do more research on how this law actually works.
A person can only get 25 years to life for such a petty crime if he or she has committed two other crimes before. Meaning he or she has been convicted twice by a jury, served a sentence and still has yet to learn the difference between right and wrong.
I am not saying our prison system in America and more specifically California is not broken. It is, we do not rehabilitate inmates so they are functioning members of society upon release. However, this does not excuse poor decision making.
Furthermore, I would have no problem up holding the law and punishing a thief. There are no free hand outs in life, including doughnuts.
Maybe you should read about the guy in jail for life for stealing a 4.00 pack of cheese, or a guy with 2 life sentences for stealing dvd’s. Why don’t we just go ahead and chop of hands like other countries. Some countries execute for drunk driving should we incorporate that there Jeana? Lets use some common sense here. That’s your tax money paying for petty offenses. Crime will always be here! How bout we worry about the real criminals. Look up the sex offenders in your area on a Google search and wonder why those people who molested young kids are living next door to you but the petty thief is in prison. This society has no common sense anymore.
John Doe,
Why not own up and use your real name when leaving comments on my blog instead of being a coward. Furthermore, I am very much aware of the sex offenders that live in my area. I am grateful to Megan’s Law for making that possible.
This guy you speak of that has 2 life sentences for stealing DVDs obviously committed other crimes besides the theft of DVDs. The Three Strikes Law clearly states that the defendant must have been convicted of two prior violent or serious felonies. It is impossible to get a life sentence for simply shoplifting doughnuts three times. Moreover, the sentence for the third crime is 25 years to life, not an automatic life sentence.
I am not say our system is perfect. I believe there are many flaws in the American judicial system, especially California. However, if citizens are aware of the laws and still choose to break them it is our responsibility to up hold the law. I never indicated that the three strikes law is the perfect solution. What I said was that it needs to be enforced fairly throughout the state. It was the people of California who voted it into law and it the people of California who should decide if the state no longer need such stringent punishments. Until then, every district attorney should prosecute according the law.
Every person in the prison system made choices that put them there, I am not sympathetic for their choices and never will be.
I fail to see the connection between child molesters and the three strikes law. Obviously if a child molester commits three crimes, including theft, they would be sentenced to life as well. So perhaps this guy you speak of that was convicted of stealing DVDs and was sentences to life was a sex offender. If you are so concerned with the punishment of sex offenders why not do something about it besides leaving nameless comments on my blog?
I believe you should realize that it is my tax dollars that pay for the police to respond to these petty crimes, such as theft of doughnuts. Therefore, the money is still coming out of my pocket. Its about more than money, its about taking responsibility for your own actions and the choices you make.
Maybe you should educate yourself on the Three Strikes Law; http://www.lawso.ucsb.edu/projects/review/issues/2001-2002/r01-02thompson.pdf
I do not believe American society is lacking common sense, I believe you are John Doe.
first of all, people need to have some manners on how to post comments on the website. Second, I agree with Jeana. Mark Day you should stay in your country and let us handle ours. Why steal a doughnut when it only costs a $1. That alone tells you that these people would rather commit crime and break the law then obey it. Mark you need to do your research. Also I want to know how would you feel when you get robbed or burglarized or a drunk driver kills your family. I hope you still feel sorry for these people. The person who stole DVD was Leandro Andrade from San Bernardino, California, who also served in the military for few years. He had prior criminal record including drug offenses and burglary. He stole the DVD’s from 1st store but the cops let him go, two weeks later he stole DVD’s from second store and then he was convicted. So who is wrong here? He sworn to protect the country, why did he break the law? If Andrade learned from his prior convictions then why did he commit the last crime. I don’t feel bad for him or other criminal who are currently serving time on Three Strikes Law, because that shows how careless and ruthless these people are. Just because their life is behind bars they are feeling sorry, but once they are out of the prison they will continue with where they left off. What don’t understand is that why people don’t do their research before they open their mouths. If you are talking about tax payers money, then I am sorry to say but only 1% is being used on criminals, why don’t you really go ask the government where they are putting all the money. Maybe in our 1st lady is using it on her new outfits, or the daughters on their expensive vacations. If you are really worried about tax money than……………three strikes is right on it’s own. I am not saying that it’s not being abused but we abuse almost all our rights. You only hear the noise from the convicts family and no one else………..maybe they should have raised their children with discipline or given them the proper education. Why whine about it now when it’s too late. They should have provided the help when it was needed not now.
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Some people just never learn. You can only give someone so many chances. Even if the accused only stole a pack cheese, he obviously didn’t learn the first time, or second for that matter. The good people of California will now make sure he will learn this time.
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If a criminal committed a serious crime for his 1st or 2nd strike, then shouldn’t he have been sentenced appropriately for that? Stealing a DVD for his 3rd strike, and getting 25 years, means he got 25 years for stealing a DVD. Similarly, say he stole DVD’s 3 separate times; after the 3rd offense, you think he should be sentenced to 25 years? This sounds like the kind of prison system that the US wanted to get away from when it broke away from England and King George.
my dad has two strikes.the law is made to deterr people from committing crime.no system is perfect and id hate to see my dad behind bars, but what most of you dont realize is that people go in alot more than just twice.my dad has to been to almost every prison in california.they go in for sentenices that are a year or more.people should learn to grow up and handle themselves like the adults they are.