Saturday, May 5, 2012

Three Strikes! For Life!

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AFTER COMMITTING THREE FELONIES, CRIMINAL SHOULD RECEIVE MANDATORY LIFE SENTENCES


PG. 455


QUESTION #1


Felonies and white-collar crimes carry the strictest punishments, such as lengthy imprisonment, heavy fines, or even death. Federal sentencing guidelines contain a method for calculating fines to be paid by organizations that commit crimes. Businesses that are found guilty of operating for a primarily criminal purpose incur fines equal to their total assets.


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CALIFORNIA CRIMINAL LAW FELONIES UNDER CALIFORNIA LAW


· Attempt, Conspiracy, Aiding and Abetting


ü Attempt to commit a crime


ü Conspiracy


ü Aiding and Abetting


· Homicide and Suicide


ü Murder


ü Manslaughter


· Assault and Battery


ü Rape


ü Sexual battery


ü Kidnapping


ü Stalking


· Hate Crime Federal Drug and Gun Laws


ü Crimes Causing Harm to Property


· Burglary


ü Robbery


As long as the violator is being sent to prison for FELONY charges, then YES, I have no quarrels with the criminal receiving a mandatory life sentence.


California’s three-strikes law says that if someone commits a third felony after committing two prior similar felonies, then the sentence is a mandatory 5 years to life. As most would say, violence was on the minds of California voters when they overwhelmingly passed the three strikes law in 14. But I beg to differ. The law’s passage was triggered by the vicious murder of Polly Klass, 1, who was snatched from her home, raped and strangled to death by a drifter named Richard Allan Davis. Davis had a long and violent criminal record, and officials like Sen. Dianne Feinstein were strong supporters of the law.


As most would argue the validating the eighth amendment stating this law being cruel and unusual punishment, I deem it necessary that the punishment should either fit the crime, and as this very well may violate the cruel and unusual punishment clause of California law, then life imprisonment is no less than the crime itself. The life imprisonment is a mere punishment of the person for failing to heed to the lesson of his or her prior history.


Today, more than half the states have some kind of three strikes law. But California is the toughest law in place. Although many feel sentence violates the Constitution, I personally feel that the Constitution violates the innocent. The innocent and their families have been traumatized violators of this law of this law and the laws that set precedent.





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