Adjustments needed to 3 strikes law

[Neserk]

http://story.news.yahoo.com/news?tmpl=story&cid=2026&ncid=2026&e=4&u=/latimests/20040531/ts_latimes/manbankrollsinitiativetochange3strikeslaw

This is a proposal that may be on the November ballot in CA. I skimmed, it and think it is necessary although I don't know all the details/implications. Thoughts?

[LethalWolfe]

While, in general, I disagree w/manditory sentences I would want to know more about this innitiative before considering to back it. I'm already a little weary of it because of it's origins. The guy who started the initiative son is serving 8 years for driving recklessly along back roads, rolling the car, killing 2 of the passengers and severely injurying<sp?> a thrid. He, the driver/son, was drunk, stoned and had a suspended license. He should get out of jail early why?


Lethal

[Neserk]

While, in general, I disagree w/manditory sentences I would want to know more about this innitiative before considering to back it. I'm already a little weary of it because of it's origins. The guy who started the initiative son is serving 8 years for driving recklessly along back roads, rolling the car, killing 2 of the passengers and severely injurying<sp?> a thrid. He, the driver/son, was drunk, stoned and had a suspended license. He should get out of jail early why?


Lethal

I don't think it is getting out early that is the problem. It is that he won't get out at all. Did I misunderstand the 3 strikes law? I do think it needs to be adjusted. Rapists, child molesters, etc should be stuck in jail forever, but as the article indicated, not all law breakers should fall under the 3 strikes.

[Desertrat]

LW, don't judge on one particular case. The problem is the lack of discretion for a judge.

For example, in Texas, some poor two-time loser got caught stealing a rather paltry dollar amount of stuff. Sneak-thievery; no violence. Barely made the felony level. But, since he'd had two strikes, he went up for life without parole. The judge had no discretion to affect the sentence.

Check into the federal "guidelines" if you really want to see "harsh".

'Rat

[LethalWolfe]

Neserk, I too am a bit confused. From what I understand 3 strikes means 25-life. But the first paragraph of the news story says the son is serving 8 years at Folsom. Am I just misreading something?

'Rat,
I agree that judges should be allowed more discretion<sp?>, but, like I said, I'm not going to back a specific plan unless I know more about it than what that article has to offer. Especially considering the extremely personal motivations of the person proposing the initiative.


Lethal

[Thanatoast]

what i got out of the article is that this initiative would require that the three "strikes" consist of violent "grievous bodily harm" felonies. violent crimes or injury by recklessness.

one size fits all sentencing is stupid, as is taking away discretion from judges. these expensive, ineffective, some would say detrimental, ideas came about the last time we had conservatives in power. glad to see they've learned nothing over the last decade. :rolleyes:

[Neserk]

Neserk, I too am a bit confused. From what I understand 3 strikes means 25-life. But the first paragraph of the news story says the son is serving 8 years at Folsom. Am I just misreading something?


Lethal

I read the same. Perhaps the writer left something out. Maybe he is going to go elsewhere after 8 years :confused: 8 years is not enough time for what he did, imo. He killed two people by his own reckless behavior (being intoxicated and driving). No one in my age group or younger has *any* excuse for drinking and driving. We all saw gruesome pics in drivers ed of what can happen. It has been drilled into our heads since we were 15!

[Stelliform]

one size fits all sentencing is stupid, as is taking away discretion from judges.

I agree there. I think the mandatory sentencing is the legislative branch of government imposing itself on the judical branch, as cases like Roe v. Wade are the judicial branch becoming to legislative. I wish there was a better system of checks and balances, or maybe just a system that would get used. :rolleyes:

[Neserk]

This is a really boring thread. No one is disagreeing.

[Stelliform]

This is a really boring thread. No one is disagreeing.

Uhh ok, how about, this mess is all Clinton's fault!. ;) Now we should see some action. :)

[Neserk]

Uhh ok, how about, this mess is all Clinton's fault!. ;) Now we should see some action. :)

*waits for the action*

[Stelliform]

*waits for the action*

I guess no one is taking the bait... :) Oh well, it is my bedtime...