Pubdate: Tue, 02 Apr 2002 Source: Buffalo News (NY) Copyright: 2002 The Buffalo News Contact: http://www.buffalonews.com/ Details: http://www.mapinc.org/media/61 Author: Anne Gearan HIGH COURT TO REVIEW THREE-STRIKE LAW FOR CAREER CRIMINALS WASHINGTON - The Supreme Court said Monday it will consider whether some three-strikes-and-out sentencing laws result in unconstitutionally harsh prison terms, such as up to life behind bars for shoplifting videotapes from Kmart. The court agreed to hear appeals involving two California thieves sentenced to terms ranging from 25 years to life for small-time crimes that otherwise might have meant just a few months in jail. The Supreme Court will consider whether a long sentence was unconstitutionally cruel or unusual punishment for a heroin addict who shoplifted videotapes worth $153. Another case involves an AIDS patient who shoved three golf clubs down his pants leg and tried to walk out of a pro shop. The court's eventual ruling could be limited to the way the law is applied in California, or it could make a more general statement about how far states may go in using similar laws to impose long prison terms for relatively minor crimes. Twenty-six states and the federal government have some version of a three-strikes law, which typically allows a life prison term or something close to it for a criminal convicted of a third felony. Critics say the laws are too harsh and inflexible in general, and particularly so in California, which has the nation's strictest three-strikes law. It requires a sentence of 25 years to life in prison for any felony conviction if the criminal was previously convicted of two serious or violent felonies. "If an individual is charged with growing a single marijuana plant, and he has on his record two qualifying prior convictions, he's dog meat," said Jerome P. Mullins, a San Jose, Calif., criminal defense lawyer with several clients prosecuted under the state three-strikes law. "He's looking at 25-to-life for growing a plant," Mullins said. Crimes that otherwise might be considered misdemeanors may also be considered felonies, meaning that a simple shoplifting charge can trigger the three-strikes provision. "No other state in the country has such a sentencing scheme where misdemeanor conduct can be the basis for an indeterminate life sentence," said Erwin Chemerinsky, a University of Southern California Law School professor. California voters and lawmakers approved the three-strikes law in 1994 amid public furor over the kidnapping and murder of 12-year-old Polly Klaas. Richard A. Davis, a repeat offender on parole at the time of the kidnapping, was convicted of the murder and sentenced to death. Other states and the federal government also passed three-strikes laws in the 1990s, when the spread of crack cocaine fed public fears about rising violent crime. California Secretary of State Bill Jones, an author of the state's 1994 law, credited the law with helping lower crime in the state by 41 percent, more than twice the national average decline in the same period. "We clearly focused the law on that small percentage of the criminal population that commits the vast majority of the crime in our society," Jones said Monday. The law is getting career criminals off the street and serves as a deterrent for criminals who already have one or two felonies on their record, Jones said. - --- MAP posted-by: Jay Bergstrom