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Habitual Criminals

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Howard Bashman at How Appealing points us to this Eleventh Circuit sentencing opinion by Judge Carnes with a noteworthy opening paragraph (emphasis added):

When Robert Shaw was thirteen years old he hurled a rock through a car windshield, sending shards of glass into his victim's face. Fifteen years later Shaw was speeding through Miami, with a cocked and loaded pistol and ski masks, on his way to burglarize a "drug hole." His rap sheet during the intervening years is long enough to require extra postage. It shows 27 arrests involving 62 counts, and sentences totaling at least 105 months in spite of receiving one break after another from the system. Indeed, from Shaw's criminal record it seems as though he is determined to serve a life sentence, albeit on the installment plan. The question this appeal presents is whether the current installment is a reasonable one.

With that opening, no one will be surprised to learn that the answer is "yes." The essence of "three strikes" laws is that at some point we have to decide that a person has demonstrated that he will never go straight, and we must keep him in prison for the rest of his life for our own protection. Shaw got 10 years, not life, and when he gets out at the age of 40 there is little doubt he will return to victimizing people.

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