"Three Strikes Nightmare" by Barbara Brooks

Fantasize for a moment . . . California has tried everything to solve the heavy traffic problem . . . the push for car pooling and diamond lanes have not solved the problem. The millions of dollars spent on freeways have hardly made a dent in the problem. The solutions used to get rid of the traffic have failed. In fact, the traffic is growing faster than the new freeways being built. But now, the legislators are thinking of a new solution . . . a new way to relieve the highways.

Imagine you are late to work, and not only are you speeding, but you are tailgating and have just made an unsafe lane change. The police finally catch up with you and pulls you over. He writes you a ticket and tells you that you must appear in court.

Before the judge pronounces the sentence, he gives you a lecture. "Mr. Bad Driver, You are a danger to society. We must protect the public from your bad driving. Looking at your record, I see you had a DUI in 1978 and then in 1983 you were convicted of driving on a suspended license. Mr. Bad Driver, this makes you a Bad Person. Your record also shows you have failed to learn, because you also received a speeding ticket in 1993 and ran a red light in 1996. You could have attended traffic school on those citations to have them removed from your record, but you failed to do that, too. So, although there is no way to predict your future actions, we can see your past behavior. The DUI and suspended license violations are over 15 years ago, but we cannot risk the chance that in the future you might injure or kill someone. If we were looking at only these new traffic violations, this court would probably sentence you to one year for each, a total of three years. However, because of your two prior infractions of speeding and red light, we would have to add another five years for each of the priors. This would bring your sentence up to a total of twelve years. To make matters worse for you, with this new law, we are compelled to sentence you to twenty-five years to life, based on your first two misdeamonor violations back in 1978 and 1983. I know you have tried to assure the court that you quit drinking 14 years ago and have not had any serious offenses since your suspended license conviction in 1983. But the court finds that based on your record which shows you have continued to speed, run red lights, etc., you are a bad driver, with bad behavior, making you a bad person. Your driving is dangerous and you show a total disregard for the safety of the public. You might end up killing someone, so before that possibly happens, we are going to make sure you are off the streets. This is your third offense, and even though it was not a misdemeanor DUI or suspended license violation, the law gives me the power to use my discretion. So today Mr. Bad Driver, this court sentences you to twenty-five years to life. I hope this teaches you a lesson."

I notice now that traffic is changing. Much less congested. The police have stop points where they check every fifth car and find many past offenders. This law is working very well. Not only is there less traffic on the road, but the state is building more and more prisons, and fewer highways, saving precious land. The supply of prisoners is so great now, we can hardly keep up with the demand. More and more people are going to work building and staffing prisons. The prison industry is the fastest growing industry in the state. Unemployment rates are dropping. The Prison Guard Union is the strongest, and the governor's office has received large donations from the union. Legislators do not want to change this law because the state is reaping too many benefits. Families of prisoners don't know what to do about this. They are making efforts to change the law, but they are up against a rich industry, politicians who won't back down, judges who are afraid to take a stand, and a public that isn't interested. Prisoners are slaves inside the prison complex working for .11cents per hour manufacturing products that are competing against China and Tiwain, because of low labor costs. At the same time, they are paying $5 to see a doctor and the prison takes 22% of any money gift the family sends. Legislators who want to be "tough" instead of "fair," continue to push through more and more legislation to enslave the prisoner, destroy his dignity and family.

But traffic is down, and even the public thinks the law is good. Commuting is much better now. One no longer has to sit waiting in long lines of traffic. This law is working. Can you see it now? Three strikes, you're out!

Barbara J. Brooks


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Date last modified: 3/11/99.