Re: Another Motivation for the CDA (Federal Sentencing Guid

[tcmay@got.net (Timothy C. May)]

At 2:32 AM 3/8/96, Deranged Mutant wrote:

>That aside, in running trials and in many other little things both
>federal and non-federal judges have too much leeway in deciding what
>evidence can be admitted, in some of the sentencing details and in
>various forms of punishment and restitution, etc.
>
>But yes, you made a good reminder point about mandatory sentencing.

I saw a report on CNN Thursday that a new study (done by some law industry
body, I didn't note which) indicated that California's "Three Strikes and
You're Out" sentencing law is having this effect:

85% of all of the felons sent away for 25-years-to-life were sent away in
cases where there 3rd strike was for a drug deal, petty theft, etc. One guy
featured had never committed any violent acts, and his 3rd strike was for
lifing a pizza.

Now I am generally for harsh punishment for true crimes (murder, rape, and
even robbery), but many of the "felonies" are not in this class. Many are
drug-related (you all have heard the many horror stories about 19-year-old
Deadheads sentenced to 15 years for having blotter acid at Dead concerts).

The relevance to this list, and to the CDA? The felonies the CDA defines
are just that: felonies. Not misdemeanors. While sentencing guidelines have
not been issued--a point Brian Davis reminded me of in a private
communication--it is likely under California law that these felonies will
count toward the "Three Strikes" sentencing.

These fuckers in Congress are full of shit. There, I could be prosecuted
under the CDA for "manifestly indecent" language, made available to minors
(several high school students have identified themselves as being on the
list, so it is highly likely minors are on the list at any given time).
It's unlikely that mere indecent language would ever be prosecuted, but the
CDA says it can be.

I'd better not fuck up a third time....whoops. Oh shit.

"25-years-to-life." Welcome once again to Amerika.


--Tim May, a felon


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