Pubdate: Sun, 17 Nov 2002 Source: Sunday Gazette-Mail (WV) Copyright: 2002, Sunday Gazette-Mail Contact: http://sundaygazettemail.com/ Details: http://www.mapinc.org/media/1404 THREE-STRIKES LAW MISGUIDED Since the 1800s, West Virginia has had a mandatory "three strikes and you're out" law. State code 61-11-18 commands that three-time felons must "be confined in the penitentiary for life," without exception. But this tough law rarely is enforced, because Mountain State prosecutors and judges learned long ago that many felonies are relatively minor, and it's cruel to impose an extreme penalty for them. So the law usually is discreetly ignored, unless savage crimes were committed. Much of America is learning this same lesson. The law-and-order mood of the late 1900s caused 26 states and the federal government to pass three-strikes laws - but a backlash is erupting. California - which has a giant prison system, bigger than the combined lockups of France and Germany - has been dismayed by mandatory 25-to-life terms imposed for shoplifting, drug-sniffing and other petty crimes. "The man who grabbed a slice of pizza from some kids on the beach, the homeless derelict who filched four chocolate chip cookies" - absurd examples like these are cited in this week's Time. It quoted a Hispanic warehouse worker: "My brother was put away for half a gram of cocaine. He was an addict, but he had a job, he had a family, and he never hurt anyone. Now he is buried alive, and he won't get out until he is 80." Is this justice? Or is it punitive overkill? California juries refuse to convict some petty thieves, upon learning that a guilty verdict could bring a life term, the magazine says. Some judges and prosecutors, like their West Virginia counterparts, evade the law. This week, the U.S. Supreme Court heard appeals from two California defendants - one who stole three golf clubs, another who stole nine videos for Christmas gifts - who face the same terms as murderers. We hope the high court rules that California's law can't be imposed for nonviolent crimes. That would make the three-strikes principle fairer. And it would affect West Virginia's law, limiting its enforcement to violent crimes - - which is pretty much the way it has been enforced, anyway. - --- MAP posted-by: Derek