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Why do people think 3 strikes laws are constitutional?
I think 3 strikes laws are unconstitutional because you are punishing a person for their past crimes in addition to the crime they have just committed. So, lets say a person has committed 2 crimes and they have either served time for those 2 crimes, or the charges on those 2 crimes have been dropped, or whatever reason they are free to roam the streets again and they commit a third crime, then in my mind they should only be charged for the 3rd crime and be punished for the third crime, not be locked up for the rest of their life because they committed crime number 3. Someone I saw on the news has been locked up for life because they stole 50 cents worth of donuts (crime number 3) - this seems like an excessive punishment and I think that is unconstitutional.
1 Answer
- BryanLv 72 years agoFavorite Answer
What you are are arguing is that a person's past behavior should not be used to enhance punishment. I think you havent thought it through. Assuming no three strike laws, judges still tend base sentencing in part on a person's prior record. In addition, are you really arguing that a person with a record of drunk driving should not have that used to determine a more severe sentence. Most places treat a first drunk driving as a misdemeanor but usually the third one is a felony. I doubt see a problem with the three strike law based on the above.