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There’s nothing wrong with “three-strikes” laws. They serve a serious purpose and are a legitimate facet of jurisprudence. They’ve been around in this country at least since the thirties, when old-time gangsters subject to them were called “three-time losers.”
They have nothing to do with baseball, and attempts to minimize and ridicule them are pernicious.
But then again, some people minimize and ridicule all attempts to punish criminals. They use dishonest arguments and sophistries like calling them “cruel and unusual punishment” — which the opponents themselves know is not what the Constitution means by that phrase. In short, their argument is a lie and they know it. But they’re willing to lie in service of a “higher purpose.” That’s the absolute curse the ACLU and such people have inflicted on this country over the past few decades.
I’m not sure, if I had been the judge, I would have invoked the three-time-loser clause in the two (carefully-selected) cases. For one thing, I wouldn’t have bumped Andrade up twice. First his misdemeanor was “enhanced ” to a felony, then he was declared a three-time loser on account of the felony. I think it should be like sales at stores — you can’t compound a discount offer. You can take advantage of one sale price, but then you can’t get an extra discount by offering another coupon or invoking another, separate sale offer. It’s one to a customer.
p>Likewise, I think a criminal’s status should only be enhanced once. He shouldn’t be declared a three-time loser on the basis of his third felony, if the felony was previously enhanced from a misdemeanor. With that proviso, I would be more confident with three-time-loser laws as written and recognized, than with social meddlers who have a hidden axe to grind, in that they oppose all punishment of criminals because they think it’s really society that is to blame. God preserve us from such.
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