California’s Three-strikes Statute

The “Three Strikes You’re Out” statute was passed in 1994 in California. Basically, it sets mandatory 25-year-to-life penalties for the third conviction of a felony. Unfortunately, the statute was sloppily conceived and drafted, and it has resulted in absurd miscarriages of justice: A shoplifter who stole some videotapes was convicted and sentenced to 50 years to life in prison.

The U.S. Supreme Court, in one of those Der! decisions, upheld the ruling. (“Der!” is simply the best adjective to describe a decision that is so stupid.) Perhaps this 2003 case should be labeled, “The Air-Head decision”. Justice Scalia ruled that the Eighth Amendment Prohibition on Cruel and Unusual Punishment did not prohibit the California court’s decision to apply the statute. He is clearly in need of a frontal lobotomy. Of the five justices who voted in the majority, O’Connor and Rhenquist are off the Court; the other three in the majority, Scalia, Thomas, and Kennedy, should really be impeached for this decision.

Civil people agree that a robber, rapist, murderer or kidnapper should receive stiff punishment. Most people would agree that such criminals should be put away after the third offense, and in the case of a murderer, capital punishment should certainly be considered. In reality, a convicted murderer rarely if ever is released two times to commit a third offense.

Unfortunately, the California statute applies to petty theft, too. The statute is draconian, and it should be repealed or ruled unconstitutional because of the Eight Amendment Prohibition on Cruel and Unusual Punishment.

If the United States continues punishing every third-time thief with 50 years to life, the prison system will overflow. The government will be forced to change the statutes, or release the prisoners, or resort to other measures. What those other measures might be is troubling. Given that the current governor of California – “Arnold” – is a meathead who served in a Nazi Youth Organization, who knows what these idiots will do. Are any of the 40,000 unidentified dead in the morgues there because of the action of Schwarzenegger’s people?

Studies have concluded that the “Three Strikes You’re Out” statute does not deter crime. Why is it still a statute?