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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: Father Terrence who wrote (30085)	2/5/1999 12:47:00 PM
From: Ilaine	Read Replies (1) \| Respond to of 108807

"Three strikes and you're out" can be structured in a way to be oppressive, or not. If the third offense is a misdemeanor, or a trivial felony, I don't think it's constitutional - I think it's a violation of the Eight Amendment prohibition against cruel and unusual punishment, as well as a violation of the Fifth and Fourteenth Amendment guarantees of due process. Three violent crimes, I don't have any problems. Virginia has a system, first offenders can get time off their jail sentence for good behavior in jail, second offenders get less good time, third offenders serve their entire term, no probation. I once had a judge explain his sentencing philosophy to me, he had read it in a book by another judge, I can't remember the name of the book or its author. He divided defendants into three categories: "NORPS," "slobs," and "slicks." NORPS are Normal ORdinary People who Screwed up on Saturday night. Any sentence you impose on a NORP will be effective, whether it is a fine, time served, community diversion, whatever. A "slick" is a victimizer, a predator, no sentence you impose on a slick will have any beneficial effect, so the goal is to impose the longest possible sentence and keep him off the streets away from society as long as possible. "Slobs" are weak, if they are hanging out with good people they will be good, if they are hanging out with bad people they will do bad. The challenge is how to sentence a slob so that they grow a backbone. Lengthy probation, with mandatory drug treatment, job training, stuff like that. It is no tragedy when a "slick" is put away for a long, long time.