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Drug Offender Arrested for Murder:  A habitual drug offender was arrested in Dayton, Ohio Monday for the murder of 20-year-old woman.  WDTN TV reports that 38-year-old Chuckie Lee was taken into custody for the shooting of Taylor Brandenburg early Sunday.  The victim was babysitting when she heard a noise at about 3:00 am, and went outside to investigate.  According to police, she was shot by Lee who had just left a nearby bar after fighting over money with a parent of one of the children Brandenburg was babysitting.  Lee had served time in prison for drug offenses and had additional convictions for drugs, assault and weapons violations. 

Sentencing Bills Criticized:  Ohio legislators are being chastised by the ACLU and defense attorneys for introducing bills to increase sentencing as reported by Jackie Borchardt at cleveland.com.  At a recent news conference an ACLU spokesperson complained that 17 bills to increase sentences have been introduced this year.  In recent years the Ohio legislature has moved away from "tough on crime" sentencing to reduce prison overcrowding and provide alternatives to incarceration focused on rehabilitation for non-violent offenders.  It should be noted that between 2014 and 2015 violent crime increased in Ohio, including a 7.7% spike in murder, a 8.6% increase in rape and a 7% rise in aggravated assault.

Crackdown on Gun Criminals Supported in Chicago:  The Superintendent of the Chicago Police Department joined the families of murder victims to testify in support of legislation that would increase prison sentences for criminals who use guns. Jessica D'Onofrio, John Garcia and Evelyn Holmes of ABC7 report  that the bill would increase the sentences for repeat gun offenders. Right now judges can sentence repeat offenders to a range of three to 14 years for unlawful possession of a weapon, The proposed law would increase the minimum to seven years.  A mother who lost her her 20-year-old daughter and unborn granddaughter in a shooting last year said she believes that the person who killed her family was a repeat offender.  "I don't think that's the first killing he did, and it might not be the last. Until these laws are enforced there are going to be killings in Chicago," Weaver said.


The juxtaposition of the Ohio stories above is incredible.

Serious question: would a law that varied prison sentences based on the age of the offender by constitutional?

In other words, is complete commitment to the to the theory of incapacitation constitutional?

If I could write the law defining sentences for item #3, I'd lean toward:

Second Offense: 7 years minimum or until age 35 minimum, whichever is longer.

Third Offense: 10 years minimum or until the age of 55, whatever is longer.

Age of release seems to be the only characteristic actually correlated to a drop in recidivism across all criminals.

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