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| Tags: eye, opener |
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#21
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StanB wrote: "Adrian MacNair" wrote in message . .. "freddy" wrote in message ups.com... All true. This is a country which locks up petty shoplifters for life, while corporate theft of billions and war crimes go virtually unpunished. Don't forget the incarceration of hippies like Tommy Chong for smoking some harmless ganja. I'm surprised there was room in the jails for him. What with all those petty shoplifters serving their life terms. Last year "our" Supreme Court upheld life sentences for two men who shoplifted a video tape and a golf club. Ken Lay and Lyndie England are free. Enough said? Here is the article- Supreme Court upholds long sentences under 3-strikes-you're-out law From Bill Mears CNN Washington Bureau Wednesday, March 5, 2003 Posted: 5:17 PM EST (2217 GMT) ---------------------------------------------------------------------------= ----- Story Tools ---------------------------------------------------------------------------= ----- RESOURCES =B7 Opinion: Ewing v. California =B7 Opinion: Lockyer v. Andrade (FindLaw, PDF) SPECIAL REPORT =B7 Gallery: Supreme Court justices profiles =B7 Interactive: Supreme Court's notable cases =B7 Interactive: Tour of the Supreme Court =B7 Supreme Court preview =B7 The U.S. Supreme Court: How it works =B7 Justices' long tenure brings stability, speculation on retirement WASHINGTON (CNN) -- A sharply divided Supreme Court upheld long prison sentences given to two men whose theft of golf clubs and videotapes placed them under California's controversial "three strikes you're out" law. At issue was whether state laws mandating harsh sentences for three-time felons amounted to cruel and unusual punishment. Justices ruled on two separate cases involving California's then-novel 1994 law, which provides for mandatory prison terms of 25 years to life for career criminals convicted for the third time of a felony. Because of a legal twist, the law can result in offenders with prior criminal records being put behind bars for life for non-felony offenses such as petty theft and shoplifting. Gary Ewing is serving 25 years to life for stealing golf clubs from a Los Angeles country club. In his case, the prosecutor had the option of charging Ewing with a misdemeanor but chose to try the case as a felony. The state supreme court had rejected Ewing's appeal of his sentence. His lawyer said Ewing has AIDS and expects to die soon. In a 5-4 decision, justices said states should have the discretion to keep repeat offenders behind bars. "When the California legislature enacted the three-strikes law, it made a judgment that protecting the public safety requires incapacitating criminals who have already been convicted of at least one serious or violent crime," said Justice Sandra Day O'Connor, writing for the majority. O'Connor admitted Ewing's "sentence is long, but so is his criminal history." In his dissent, Justice Stephen Breyer noted, "Ewing's sentence is, at a minimum, two to three times the length of sentences that other jurisdictions would impose in similar circumstances." In an indication of the ideological divide between the justices, Breyer read his dissent from the bench, a rare move usually reserved for only the most contentious cases. In the other case, Leandro Andrade was given a 50-year sentence in 1995 for stealing videotapes in two southern California stores. While in most cases the crime would have been a misdemeanor, Andrade's prior felony burglary convictions turned it into a felony, his third. The justices reversed a federal appeals court which found the sentence "grossly disproportionate," violating the Eighth Amendment's ban against cruel and unusual punishment. The "three-strikes" law was passed in 1994, after a voter referendum got 71 percent support. The ballot measure was prompted by the 1993 abduction-murder of 12-year-old Polly Klaas in Petaluma, California. The killer, Richard Allen Davis, was a twice-convicted kidnapper who had been on parole after serving only half of a 16-year prison term for the second kidnapping. Davis remains on California's death row. The federal government and 26 states have a three strikes-type law, imposing as much as a life prison term for criminals convicted of a third felony. California's law requires prisoners to serve their full sentences before applying for parole. The number of current three-strike prisoners in that state has grown to about 7,100. Supporters of the measure hoped the tough sentencing law would send a message to career criminals and give so-called "lenient" judges less discretion in sentencing. Opponents say violent crime has not been reduced because of the law, and crimes normally prosecuted as misdemeanors should be not be allowed to put a person away for life in prison. They claim about 350 prisoners are currently in the same situation as Andrade and Ewing. The Supreme Court in the 1980s split on the issue of life sentences for minor, non-violent felonies, in cases in Texas and South Dakota. And in 1991, justices upheld a life sentence for a Michigan man with no prior criminal record accused of possessing 1.5 pounds of cocaine. The cases are Ewing v. California, 01-6978 and Lockyer v. Andrade, 01-1127 |
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#22
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"freddy" wrote:
Last year "our" Supreme Court upheld life sentences for two men who shoplifted a video tape and a golf club. Ken Lay and Lyndie England are free. Enough said? Here is the article- Compare this also to the fact that noone was held responsible for the massacre at Kent State University in 1970. People in this room have declared that justice should be upheld regarding Bobby Fischer. Justice, concerning 20 games of chess 13 years ago. Fischer did neither kill nor torture anyone. Those guys from the National Guard actually killed four young people and Lyndie England behaved in an appropriate manner against POW's. I do not understand the American concept of justice. Orwell, maybe I do. HansJ |
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#23
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Nothing...we can still kick your ass, our women are the hottest, our jobs
pay the best, and we have the best food, sports, and entertainment of all the globe. Enjoy your decline, old Europe. TMB "Hans Jørgen Lassen" wrote in message k... What has gone wrong with that country of yours that fostered greats like Mark Twain, Walt Whitman, Edgar Allan Poe, Marilyn Monroe, The Marx Brothers, Elvis Presley, Henry Miller, Clarence Darrow, Billy the Kid, and, well, Bobby Fischer? HansJ |
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#24
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Sorry, there was a fatal blunder in my last post: England did not act
appropriately but the opposite, inappropriately. HansJ |
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#25
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No-one's asking you to understand it. Why are you so obsessed with America?
Could it be...that living in Denmark is actually kinda boring? Could it be...you secretly wish you lived here, in the party country of the universe? Too bad you don't....back to your Carlsberg, boy. And reflect on the fact that once again, Denmark will spend this year accomplishing nothing that will make anyone's history books. No wonder you guys are all drunks. "Hans Jørgen Lassen" wrote in message k... "freddy" wrote: Last year "our" Supreme Court upheld life sentences for two men who shoplifted a video tape and a golf club. Ken Lay and Lyndie England are free. Enough said? Here is the article- Compare this also to the fact that noone was held responsible for the massacre at Kent State University in 1970. People in this room have declared that justice should be upheld regarding Bobby Fischer. Justice, concerning 20 games of chess 13 years ago. Fischer did neither kill nor torture anyone. Those guys from the National Guard actually killed four young people and Lyndie England behaved in an appropriate manner against POW's. I do not understand the American concept of justice. Orwell, maybe I do. HansJ |
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#26
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"The Masked Bishop" wrote:
Nothing...we can still kick your ass, our women are the hottest, our jobs pay the best, and we have the best food, sports, and entertainment of all the globe. Enjoy your decline, old Europe. The sun is still shining here, the kids are playing and having fun, so we are doing quite fine. Hope you are too. HansJ |
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#27
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"The Masked Bishop" wrote:
Too bad you don't....back to your Carlsberg, boy. And reflect on the fact that once again, Denmark will spend this year accomplishing nothing that will make anyone's history books. Funny that you should say this about history books. The only philosopher of great stature (though not physically) from Denmark said that the most ridiculous thing he could think of, would be to have historical importance; the one thing he did not care about was world history. Well, that was not his exact words, but close enough. Did you ever read any of his works? HansJ |
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#28
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Kirkegaard? Chronic masturbator.
"Hans Jørgen Lassen" wrote in message k... "The Masked Bishop" wrote: Too bad you don't....back to your Carlsberg, boy. And reflect on the fact that once again, Denmark will spend this year accomplishing nothing that will make anyone's history books. Funny that you should say this about history books. The only philosopher of great stature (though not physically) from Denmark said that the most ridiculous thing he could think of, would be to have historical importance; the one thing he did not care about was world history. Well, that was not his exact words, but close enough. Did you ever read any of his works? HansJ |
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#29
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On Fri, 25 Mar 2005 16:45:16 +0100, "Hans Jørgen Lassen"
wrote: Funny that you should say this about history books. The only philosopher of great stature (though not physically) from Denmark said that the most ridiculous thing he could think of, would be to have historical importance; the one thing he did not care about was world history. Well, that was not his exact words, but close enough. Did you ever read any of his works? HansJ Was Henry "History is Bunk" Ford a Dane?? |
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#30
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"The Masked Bishop" wrote:
Kirkegaard? Chronic masturbator. Occasionally probably, but that is no crime in Denmark. In the US, maybe, but not here. He did write a few things that could make you think about this and that. HansJ |
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