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Originally Posted by Skybird
But remembering to have heard of a sentence in California just some days ago: 25 years for shoplifting, I found this article which tells a story of a law they have in California that on the third time you get caught for something, no matter how minor it is, you end up what in Germany would equal lifelong prison. Note that all three offences are minor, and are separated by many years.
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Well the law covers if a person commits three felonies they are put away for "life" as a hibitual criminal.
The crimes this person commited were burglery (a felony) and Purse snatching which can be, but not always a felony depending on the criminal circumstances. The last conviction was for shoplifting which, in California is considered Felony Petty Theft which is covered in Section 666 of the California Penal Code.
An argument can be made that applying section 666 as a justification for sentencing under Prop 36 and 66 and 184 is not valid.
However the argument can also be made that this individual repeatedly commited crimes and showed no sign of stopping. While this case may seem harsh, I feel that the intent behind habitual offender laws is valid.
When arguing whether these laws are a good or bad idea, we need to remember that in these cases, the offender was in control whether they commited additional crimes. At any time after the first conviction, these people can make the decision not to commit any more felonies and have nothing to fear by the habitual offender laws.
If you don't want to receive a life sentence, then don't commit three felonies. How is society supposed to trust that a person who has commited three felonies will of a sudden stop and become a viable citizen?
How do you explain to the family of the forth victim that "well we really did not expect this three time criminal to commit another crime. So sorry, our bad"
Three "mistakes" is a lot of leeway to give a citizen before taking serious action.
So, it may seem like this person got 25 years for shoplifting sheets, but in actuallity, they got 25 years for being a hibitual criminal. As in the fable about the straw that broke the camel's back, one can't just look at that last straw.