The state legislature, dominated by Democrats and Quisling Republicans, has defaulted twice in one session. Outgoing Speaker of the House Jim Amann, announced today that the legislature will default to its previous budget; this means, at a minimum, that there will be no cuts in spending as the recession rolls over us.
The legislature also defaulted on the three strikes and you’re out bill, reverting to its usual practice of using every salient by Republicans to increase spending. The new measure – unlike the rejected proposal that would have required judges to sentence to life in prison felons previously convicted of two violent crimes -- does not compromise judicial discretion in the 270 cases cited by co-chairman of the legislature's judiciary committee Mike Lawlor as falling within the parameters of the “three strikes and you’re out” law.
As previously noted in this space, there is no reason why the “three strikes and you’re out” provision could not have been combined in a single bill with the new Democrat measure, which will cost the state $10 million, a projection that no doubt will increase over the years.
In requiring judges to double the minimum penalty for persistent felony offenders who commit a second violent crime, Lawlor and other Democrats had agreed in principle to compromise judicial discretion.
“Our goal, said Lawlor, “is to ensure that these tragedies don't happen again. After nine months of deliberation, we have finally come up with a version of 'three-strikes' that is tough and will actually work” – except in the 270 cases cited by Lawlor of persistent violent offenders who may be returned to the streets after they have served a mandatory minimum penalty for having committed two violent felonies. On their third violent felony, they will not be struck out.
The legislature also defaulted on the three strikes and you’re out bill, reverting to its usual practice of using every salient by Republicans to increase spending. The new measure – unlike the rejected proposal that would have required judges to sentence to life in prison felons previously convicted of two violent crimes -- does not compromise judicial discretion in the 270 cases cited by co-chairman of the legislature's judiciary committee Mike Lawlor as falling within the parameters of the “three strikes and you’re out” law.
As previously noted in this space, there is no reason why the “three strikes and you’re out” provision could not have been combined in a single bill with the new Democrat measure, which will cost the state $10 million, a projection that no doubt will increase over the years.
In requiring judges to double the minimum penalty for persistent felony offenders who commit a second violent crime, Lawlor and other Democrats had agreed in principle to compromise judicial discretion.
“Our goal, said Lawlor, “is to ensure that these tragedies don't happen again. After nine months of deliberation, we have finally come up with a version of 'three-strikes' that is tough and will actually work” – except in the 270 cases cited by Lawlor of persistent violent offenders who may be returned to the streets after they have served a mandatory minimum penalty for having committed two violent felonies. On their third violent felony, they will not be struck out.
Comments
Then there are the hundreds and possibly thousands of criminals in the state who wre arrested for violent felonies, either one or often multiple ones within one actionable crime experience, and they wound up with plea bargains that simply again dropped thier felony crimes right down to either a lesser felony crime that no longer qualified for the three strikes, or down to a non felony, such as an assault 2 dropped to an assault three- the latter which is a class a misdemanor, And as such, certainly doesnt qualify anymore for any three strikes or tough repeat sentencing at all!
Other charges within one set of crimes are dropped completely as amatter of routine, when a criminal has been arrested for several felonies at one time,this for no other reason that Jjust for the sake of "the deal"
Mr lawlor as a lawyer and former prosecutor, knows better than anyone how misleading that statistic he quoted of "only 270 criminals in the state were eligible for three strikes anyway", is complete nonsense as it doesnot take into account the thousands of plead down charges that started out eligible and deserved serious sentencing but become ple bargained out of that qualification as a matter of course every single day in every single courtroom across this state.
I myself am a former victim of three violent felonies and a class a misdeamnor which happened in this state. 2 of these were in fact eligible for a repeat offender sentencing. My stalker assailent and kidnapper is a very very dangerous criminal, Instead of going to prison where he cannot hurt others he walked off with 3 misdemeanors on his criminal record, a suspended sentence and probation! This was thanks to a plea bargain that was given to him by the prosecutor who handled the case, for apparently no other reason than saving time and energy. The case was not weak, he was caught in the act by the police, and therewas a good deal of medical proof of the severity of the assault.And yet despite severe traumatic brain injury, permanent brain damage, a severe cochlear concussion,and damAge to my larynx, I required 6 months of physical therapy to help repair my damaged balance system, I was actually told by the prosecutors that I "loOked okay now" AND SHOULD " get over it, and get on with my life" after 9 months of hearings where nothing happened but continuances, I had three differnet judges hearing these continuance rquests by the defense, and noone once addressed my assailent in anything resembling a prosecutorial manner. Unfortunately my case was not an unusual one; Our courts have become a sham. The only thing that could have changed this for our state would have been the hiring of a substantial number of new prosecutors who were experienced in trial situations, and were actually tough on violent crime. Plea bargaining must be limited and any crime that is elgible for a persisant offender status should not be allowed to be plea bargained without specific documented reasons why-only 600,00 dollars were allocated for new prosecutors out of 10 million dollars in the crime bill proposal-That is maybe 6 total prosecutors for the entire state! This is not likely to make a dent in the problem at hand. These guys dont even know how to try cases anymore if they ever did, they are inept lazy and many of them are in fact corrupt trading favors and god knows what else with the defense attorneys who they are supposed to be taking an adverserial stance with-Over socialization of our lawyers and prosecutors cronyism and laziness and apathy rule many of our busiest city courts. It is an unbelievable disgrace, and the victims of crime are the ones that suffer the most. The victims who have been sold out by these plea deals and the future victims of these same offenders who are processed via the plea deals and set loose right back onto our innocent law abiding citizenry.
I wish I could do something to make it all go away for you. No one should have to live like that.