California has a very strict three strikes and you're out law. What do the other states think of it?

Question

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.

Answer 1

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.

Answer 2

I truly like these questions like this one. For all of the Nay sayers and Doubtes, Let me give you a Clue. Here in Texas we do house a very large Population of Offenders, whether it be Rapist, Murderers, Robbers or Thieves. We do house quite a large amount. I work in law enforcement and have seen who,why, how and what, as to why these people(offenders are in Jail/Prison) for. As for the person that mentioned we only put people in for Minor offenses or for Violations, well that is what they go back for, repeating the same Damn offense they did to get there in the 1st place. If they don't want to go back don't do it again. Alot of places are now helping people that want the help to get back into society when they exit a Prison system, not all people that go there are bad people, some just made bad choices. The ones that do go back for a 2nd time or 3rd time, well you gets what you asked for. Some also know no other life style, they want that structured environment that Prison life give them, a place to live and 3 meals aday, that they might not have been getting on the outside, so they do what they know best crime, and go right back to where they left. I wished this was a perfect world to live in, but it is not, and when ever someone commits a crime, there is going to be a consequence, and they need to think of whom it is going to affect, because there is going to be someone. Oh well I am off my soap box for now...

Answer 3

Three strikes works for me, just like in baseball. As to allegedly harsh laws, they are often enacted by the legislature with the intent of giving the judicial system a powerful tool that the judge can then intepret for the good of the community.

What about firearms laws? About 30,000 of them nationwide, some apparently stupid, obsolete, and likely to be overturned if used today, like one state law that bans the discharge of any firearm on the "sabbath" (is that Saturday or Sunday?) But maybe one of these odd laws HAS to be used when nothing else will work to stop a known criminal, or at least hold him for a day until a better case can be made.

Answer 4

You left out the one who only stole one slice of pizza and went in for life. Of course when you actually researched it out, there was a felony conviction of robbery, assault, and the before mentioned piece of pizza. Habitual criminals need to be stopped.

The video tape one has been solved already. On Friday, the U.S. 9th Circuit Court of Appeals found that it was cruel and unusual punishment to sentence a man to 50 years to life in prison when his third strike was stealing $153 worth of videotapes from a department store.

The cookie one is under appeal. A homeless habitual criminal grabbed 4 cookies and was after more when stopped. Of course there is more to the story. Weber had broken into a restaurant in Santa Ana through an air vent. The appeal court argued that had he not been caught when a burglar alarm was activated he would probably have stolen more items. "A safe-cracker who cracks an empty safe is nonetheless a safe-cracker," said Justice David Sills in a unanimous judgment.

But we leave out the breaking and entering, and the poor guy got 25 years for 4 cookies.

Answer 5

I am from Texas--the law loves to send people to prison here!

It was just announced on the news that we need to build 5 more prisons to house all the inmates.

Most of the inmate population growth here is due to parole violations, many of them minor.

Answer 6

I wish all states would do it. If your not out commiting crimes, then you have nothing to worry about. It just goes to show people are finaly getting tired of these stupid people who go out and commit crimes all the time.

Answer 7

Well, Arizona isn't too fond of it, because it's driving all the gangsters out of California and into Arizona!

Answer 8

Build more jails. A felon will cost as much to us on the outside, as he does on the inside. I am really sorry that his family will miss him.

Answer 9

.California is desperate for revenue ! Every cop is maxing out their quotas...to get a pay check...thanks to cons like Enron ! the prison system is run by private contractors ....your very right....maybe Arnold can make it better...he is trying.

Answer 10

not much