3-Strike Stories: E. Hernandez
The "Three Strikes and You're out Law," as it is written and applied is an injustice,
not only to the criminal, but to the misinformed electorate as well.
In his testimony to the Little Hoover Commission, Edward L. Rubin, Professor of Law at
the University of California at Berkeley stated:
"There are few areas where the conflict between rational policy analysis and
political reality has been more intense than in crime policy. The public has translated
its concern about crime into a demand for increased criminalities, longer sentences, and
harsher prison conditions. Policy analysts are virtually unanimous in their belief that
these are often ineffective and excessively expensive measures, and that other strategies
would achieve the agreed upon goals in a more effective manner?"
Though the economic burden is a major (negative) factor, social responsibility assumes
the primary role. How responsible is a society that ignores the future?
To make a point, let's take a look at a
governmental agency. We are all aware of to some degree, The Environmental Protection
Agency. Say the agency finds a toxic spill or dumping by a private entity. Does the E.P.A.
lock up all involved and require the taxpayer to foot the bill for clean up and
rehabilitation of the environment? No, the responsible party is sanctioned, held
responsible for clean up and subsequent rehabilitation methods which are deemed
appropriate, and why? To preserve our "natural" surroundings for future generations.
We should approach crime in much the same way. Granted punishment is the consequence
of committing a crime, should it end there? There is a belief that the therapeutic culture
has taken over the moral culture. We've adopted
the vocabulary of psychology and therapy.What
does someone mean by this? What was their intention?
Rather than adopting the objective analysis of an act, which is the heart of objective
morality. When it comes to crime objectivity gives way to outrage and loathing. For some
strange reason we've come to dually believe that
old adage. You can't teach an old dog new
tricks.
I don't know, M. Avanti, when we so easily
enact laws lacking in mercy and humanity, we demonstrate that, as a society, we have a
long way to go before becoming great.
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Date last modified: 6/3/98.