Tuesday, March 9, 2010

Three Strikes doesn't go far enough!!!

Every few weeks, months, etc., media outlets in the less than great state of California, will post their blanket editorials calling for the "repeal," or "roll back," or "lessening of," the dreaded Three Strikes Law (i.e. the statute which mandates a 25-life sentence for any felony conviction which is subsequent to TWO plead and proven serious or violent felony convictions. That's the gist of it...

"Oh, my God...it's sooooo unfair. It targets the poor and disenfranchised. It's draconian. It's just filling up our already overcrowded prisons. It's not doing what it was intended to do. The people (voters) were hoodwinked. They didn't vote for locking up 80 year old pizza thieves." And the whining continues, ad nauseam...

By the way...I'm ALL FOR the Three Strikes Law, and even "stacking," (full term, consecutive sentencing). In my career, I had an intimate knowledge of hundreds of strike cases and I can honestly say that not one, NOT ONE, of those sentenced under the law...was unfairly sentenced. As a matter of fact, most of these folks deserved more time...I remember a co-worker of mine, upon hearing an inmate tell him, "365 years!!?? I can't do 365 years!!!"...to that, my co-worker simply responded, "just do what you can, son." But I digress...

As a matter of fact, I'd like to propose that we EXPAND the law...to include DUI offenders. No, not a three strikes, two strikes, or even one strike variety...whereby, if the drunk driver injures another...blah, blah, blah. Nope, my proposal is much simpler, much cleaner, much fairer. Simply put, if you have been convicted of driving under the influence to ANY extent whereby you are placed on any sort of probation or parole...and you commit a SECOND driving under the influence offense (or ANY collaterally related offense)...25-life...yep...25-life...AND if you EVER get out...and commit a THIRD, that's it...Life, LWOP, Life without Parole...for good...

This past Saturday, here in Sacramento, a scumbag name Omar Carrasco, age 25, was driving a vehicle which was involved in a collision which killed three young men--Gregory Valenzuela, age 22, Raoul Perez, age 23, and Manuel Ruiz, age 24--the three were burned to death (a fourth was taken to the hospital and expected to survive). Carrasco was ON PROBATION for DUI and had his license reinstated just two days before the crash. Also, his license had been suspended on FIVE separate occasions since his first suspension in April 2007.

Was he DUI again? Most likely...that's why I included the "collaterally related offense," rider. Because, you see, the scumbag fled the scene and was not apprehended until a few hours later when he sought treatment at the Kaiser Permanente South Medical Center. IT WAS STILL A COLLATERALLY RELATED OFFENSE!!

Three Strikes IS draconian...it IS harsh...it IS at times unfair...is there anecdotal evidence to support those claims? Certainly...HOWEVER, there is much, much, MUCH, more statistical significance to claims of the law ACTUALLY doing what it purports to do...MAKE US SAFER. All the posturing (and whining) that it costs "sooooo much" to incarcerate these offenders, blah, blah, blah...all the while no one, NO ONE, computes the total, TOTAL cost of allowing these offenders to remain on the street...

Hey, nobody ever factors in, law enforcement time, corrections time, court time, victim(s) time, insurance company time, etc., etc., and if you really want to get anecdotal about it, doctor time, coroner time, AND mortuary time...like my former co-worker would tell Mr. Carrasco..."just do what you can, son." Unfortunately, he CAN'T say the same thing to the three victims...

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