To the editor:
Currently, several states have a “three strikes” law. These laws vary some; however, the vein of similarity is that persons committing a third felony can be sentenced to lengthier sentences than the third crime usually carries, up to a life sentence. These laws, in general, make sense and were popularly received by the public in the states which passed these laws. There were objectors, to be sure; but they in a distinct minority.
There is a serious flaw in the application of this three strikes law, however. In many three strikes states, any crime committed after two felonies may be upgraded at the discretion of a prosecutor to a felony as a habitual criminal. There have been some egregious miscarriages of justice by overzealous prosecutors in this regard.
One case involved the theft of a slice of pizza which, because the thief had two felony convictions on his record, had this pizza theft upgraded to a felony and was sentenced to 25 years in prison. Another case involved a man who stole a bicycle and had this offense upgraded to a felony and received a sentence of 25 years to life in prison. Both individuals cited above were denied the right of a plea bargain. Judges in such cases claim they are powerless to use better judgment as the three strike laws are written to prevent judicial discretion in sentencing.
The three strikes laws were initiated due to too many felons who committed multiple violent crimes getting relatively light sentences and receiving liberal parole and then committing more violent crimes. Laws were needed to prevent these situations. But lawmakers made a horrible error in allowing prosecutors the unilateral right to upgrade minor offenses to felony status in order to put offender away for lengthier sentences. These laws need amending to specifically state which categories of rimes are eligible for three strikes sentencing.
Our laws need to reflect justice, humanity, and common sense and the present application of the three strikes law in too many cases violates those principles.
Ken Petress
Presque Isle
