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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 12:52 PM
Original message
26 to life for taking an exam Man took cousin's drive test -- strike 3
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2003/12/30/BAG3H40CA31.DTL

A federal appeals court upheld a prison sentence of 26 years to life Monday for a Southern California man whose third strike consisted of trying to take the written portion of a driver's license test for his illiterate cousin.

Santos Reyes was convicted of perjury for filling out an application, under penalty of perjury, in his cousin's name. Reyes was caught using a crib sheet on the test in September 1997 at a Department of Motor Vehicles office in San Bernardino, was stopped by an officer as he left the building and admitted the deception, saying his cousin had previously failed the written exam, prosecutors said. Reyes testified later that he wanted the cousin to have a license so they could both work as roofers.

Because of a juvenile burglary conviction in 1981 and an adult robbery conviction in 1987, Reyes faced a mandatory sentence of up to life in prison under California's three-strikes law.

Reyes, a married man whose children were 1 and 3 years old at the time of his sentencing in 1998, challenged his sentence in federal court, contending it violated the constitutional ban on cruel and unusual punishment.

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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 12:57 PM
Response to Original message
1. Let him rot in prison
After all, that sexual predator deserves to get out in order to keep this dangerous criminal in prison for the rest of his life.

/sarcasm
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saigon68 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 05:50 AM
Response to Reply #1
34. Scores of children get substandard public educations
For every "Criminal" like this, who is locked up for life.

The cost of the "Prison-Industrial Complex". across Amerika, is staggering.
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legin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:01 PM
Response to Original message
2. Bury this three-strikes law shit
it is the absolute pits. :mad:
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:02 PM
Response to Original message
3. Yeppers, the three strikes rule strikes again
This is an abomination of a law and should be struck down. It can put you in jail for life for the most trivial of offences. And being as these are three strikes over the course of your lifetime, you can get fucked pretty easily, especially if you are into serious dissent. I got busted twice for trespass at a nuclear plant that was being protested in the early-mid eighties. On make second trip to the iron bar motel, the ADA told me that I could go away for life under the then brand new three strikes law. I had to finally break down and get a serious lawyer just to convince these people that this was my second offence.

Still, those two misdameanors hang over my head. I can still get a life sentence for one more pop. Yet it still won't keep me from protesting.

These laws are unconstitutional and should be erased.
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noonwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:42 PM
Response to Reply #3
15. Doesn't it have to be 3 felony convictions for the life sentence?
Defrauding the DMV is a felony. I think that the 3 strike laws are wrong, but I don't think that your two previous misdemeanors will lead to prison the next time the police ticket you for peeing outdoors or something.
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MadHound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:48 PM
Response to Reply #15
16. Nope, unfortunately not
Here in Missouri it is three of any kind, at least that is the what was told to me by my lawyer. They may have changed this by now, hopefully so. I think the only things that were exempt were parking and traffic tickets, the rest is fair game.
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DoNotRefill Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 03:05 PM
Response to Reply #16
22. check again...
Edited on Tue Dec-30-03 03:14 PM by DoNotRefill
I've never heard of a "three misdemeanors and you're out" law. I live in a State with very severe criminal laws, and they haven't tried anything like that.

If they reduced it to misdemeanors, they'd have to throw so many people in jail that there'd be nobody left to work.

And all 3 of the charges listed in the original article are felonies.

Sounds like somebody was messing with you.

On edit:

I checked the MO code. Being a persistent misdemeanor offender can cause sentence enhancement, but it isn't an automatic life without parole sentence. In other words, if you've got a long string of misdemeanors, that is taken into account under the sentencing guidelines, but doesn't mean you'll get life without parole by any means.
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Fovea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 01:19 AM
Response to Reply #16
29. But sadly, the ticket exemption
Edited on Wed Dec-31-03 01:42 AM by realpolitik
allows murderously impared drivers back out on the road oftentimes.
The St. L. county prosecutor even said that if he wanted to get away with murder, all he had to do was to choose the right murder weapon... a car. One fellow was killed in a long cycle race across Missouri by a driver who had 14 moving violations on his record.


I do not understand a system that places more emphasis on criminals who sell drugs than criminals who drink and then murder innocents.
Indeed, it seems of no consequence that our First Lady is also in this class of driver. We seem to consider some things indescretions, and others felonies. We seem to tolerate some astounding stuff in this state.

Missouri's legal system once gave a teenager 7 years for possession of a single joint, first offense, if I remember correctly. Ashcroft should be a reasonable example to show what happens when justice and politics collide in Mo. But this is a Missouri problem that goes back to before the civil war. In this state we often admire killers and robbers. But we also adore get tough, hang em high politics.

Since the beginning of the end of the cold war, we have seemingly abandoned any idea of correction. Only incarceration is considered as a serious response these days. And it is very profitable. It also removes a lot of 'undesirable' voters from states like FL. The drug war is the moral equivalent of fighting communism and godlessness in Missouri. It is also very oddly fought.

But the writing is on the wall, I think, in Missouri. The rural and social conservative block have started to experience the same collapse of economic vitality that is plaguing the SubUrban belts east and west. Further, Bush has not delivered them from Sodom, even if he did give them Saddam.

We have seen the McDonalds and Walmarts become the two dominant businesses that do not involve young women taking off clothes.
I note a staggering increase in the number of adult bars along the I-70 and US 50 corridors. And I know a single mother who strips becuase it is the only thing that is really paying the bills. In the towns off the highways, it is something else.

Crank is a huge problem in MO, the nation's meth lab. Not surprizingly, no one wants to talk about the farmer's role in this Huckleberry Finn narco economy. Where do we think the ammonia for making speed is coming from, anyway?

Yep, from a bunch of NRA supporting, Pat Robertson donating hezbullah Baptists. In many ways, including the subversion of law enforcement, they are not unlike Afghan warlords.

No one wants to talk about trucking, and how it moves the product out to the corners of the nation via the interstate highway system. We bust the lower level operatives and one member of a family at a time.


They make the drug, without which, the drive for ever higher productivity would not be possible. This drug is not fought very hard, because it is the thing that will make the new Bush-Delay overtime policy work. Tommy Chong, however, is in prison for selling pipes.
Goddess knows how much money comes into the political process out the back door of a meth lab.

And of course, this is also where the other problematic nitrate product, enters the equation. Domestic terrorists get their bang from down on the farm too.

Small towns now experience drive by shootings, and NAFTA has brought
a serious undocumented worker wave to the state.

Meanwhile, the social conservatives are as repressive as they can stand to be, and still hang on to even the veneer of Christianity, IMO. To complete the Bush agenda, they must self-identify as imperialists, regardless of the term they use. They know they are becoming fascists, because they see it in how the world looks at our leaders. They are getting ready for the draft out there already.

It is a very sad time for the rural Missouri social conservative.
The party of God has failed them, and they know it. Even they are embarrassed about John Ashcroft and they understand that the PATRIOT act is not for national security.
They suspect it is to take away the guns, and they are in shock.
These are the anti drug libertarians, all the guns are loaded now.

They are in the wilderness, and they are increasingly aware that they voted for the serpent.

In the end, I see Missouri drifting deeper into a prison/mafia state. Like Texas, we have a large population of citizens we want to legally disenfranchise in the urban cores. Increasingly, we have a similar population in the country as well. Captal punishment is important, more prisons are important to these folks, because they are officially backed into a corner now. Their neighbors are using oxycontin to come down off the crystal, and they are still in denial about Rush.

As the job-loss recovery continues, the speed makers will become ever more important, as bootleggers did in the 30's. Gangs will operate on both sides of the prison wall, and in the statehouse. In this system, three strikes will ensure stability for large criminal organizations, the mid level labs will not be able to pay for play.

Into this, a new Tom Pendergast will emerge, to institutionalize middle class crime again. Why? Because as in 1868 as in 1931, crime against corrupt punitive systems is a Missouri tradition.
If I had to guess, I would figure they would be from somewhere like Sedalia, Kingdom City, Joplin, or Belton. How would one find this kingpin... Perhaps one might look for someplace with a lot of fancy trucks towing expensive bass boats, and that featured beer served by naked women that was not all that far from the local farm implement store, or I-70 for that matter. Look for the big Bush sticker next to their NRA and Bass Pro Shop stickers on that shiny F350 in the casino parking lot.



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loudnclear Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 04:45 PM
Response to Reply #15
25. It just has to be something other than a "white collar" crime.
eom
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 03:00 PM
Response to Reply #3
20. How many offenses has Bush been convicted of?
Silly me. He wasn't convicted. They erased his records.

The rich don't have to worry about such silly things... Do they?

That 3 strike rule should be limited further. It shouldn't be all felony cases if that is the case. It should be the most serious crimes such as murder or sexual assault against children.
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Frodo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 03:09 PM
Response to Reply #20
23. Please clarify...
Are you saying you should get a life sentence only after your THIRD murder? Or your THIRD rape of a child?
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 04:27 PM
Response to Reply #23
38. Third offense within the category that is made up of...
murder, rape of a child and any other heinous crime.
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DS1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:04 PM
Response to Original message
4. You'd think at least he'd study
I mean, if you're gonna take a test for someone, at least know the answers!


/non-3 strikes commentary
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htuttle Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:25 PM
Response to Original message
5. He should have embezzled tens of millions from the government instead
He would have gotten off scott free!
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mbperrin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:50 PM
Response to Reply #5
8. Yep, shoulda taken after
Kenny Boy and all the others of his ilk.

What's next? Life sentence for cheating in high school?
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Mairead Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:43 PM
Response to Original message
6. Well, you know, he's a spic, a wetback. They don't deserve any breaks.
Anybody who's stupid enough to be born in poverty in the wrong country should just shut up and die, not try to make it without being able to read somebody else's language. And anyone stupid enough to break a minor law should definitely go up for life if it's the third fall.

What kind of country have we created?

Vote for Dennis Kucinich, for the sake of sanity!
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:48 PM
Response to Original message
7. Meanwhile, California kids go without textbooks
I wonder how many new books you could get for the price of keeping this guy behind bars for a year?

I think Arny should start handing out pardons for guys like this. It's not only a travesty to have people in prison for petty offenses like shoplifting or stealing a slice of pizza- it's expense. If a majority of Californians are too stupid (and they are) to repeal this overly broad law, then the governor should step in and deal with it.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 03:02 PM
Response to Reply #7
21. Too bad Arnold wasn't prosecuted when he groped
I'm sure he has groped more than the required 3 times.
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drscm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:55 PM
Response to Original message
9. Meanwhile, Bush has lost every inning, and is still free...
Guess you have to be a repug pResident to remain un-indicted and stay out of jail.
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Q3JR4 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 01:57 PM
Response to Original message
10. Has the
SCOUS had a chance to look at the law? I seem to remember that it was appealed to some court somewhere and upheld.

Or am I just smoking something?

:eyes:
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the_boxer_ Donating Member (527 posts) Send PM | Profile | Ignore Tue Dec-30-03 02:25 PM
Response to Reply #10
11. Don't smoke it thrice!
:hi:
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Minstrel Boy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:29 PM
Response to Original message
12. Three strikes is a Kafkaesque nightmare
Every outrage I read sickens me.

The law is an ass.
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NashVegas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:35 PM
Response to Reply #12
13. This Makes Me Want to Cry
In addition to its utter ridiculousness, look at how much it's going to cost the state to house the guy for 26 years, compared to the financial damage he's done.
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private_ryan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:49 PM
Response to Reply #13
17. the worst part?
who controlled both the legislature and the governorship until a few months ago? The court had no choce given the SC ruling.
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:37 PM
Response to Original message
14. Great comment by dissenting judge, Harry Pregerson:
"I believe that punishing a person for exercising his or her constitutional rights clearly violates due process," Pregerson said.

California judges are broadly against the three strikes mandates, based on legislative encroachment on judicial discretionary powers.

Interestingly, this appeal was "foreclosed" by earlier SCOTUS ruling in a CA case...
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private_ryan Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:54 PM
Response to Reply #14
19. to be fair
this happens all the time. You reject the plea and you lose the trial, you get hosed all the time. You can't come back and say I want the deal now that I lost because the prosecutors doesn't care, he won and will get more time fo ryou. Sad, but it's the reality.
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pinto Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 03:11 PM
Response to Reply #19
24. yeah, I know. I think what the judge obected to was the disaprity between
a four year guilty plea (to a misdemeanor, I suppose) or life (if you choose and lose a trial).

Guy made a tough choice. Wonder what his advice was from lawyer?
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tom_paine Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 02:53 PM
Response to Original message
18. Amerika: The Land of the Free? Not by a long sight
The Imperial Subjects must be kept in line.

This is an abomination worthy of 1780s France. But that's ok, the Busheviks and their henchmen are abominations worthy of 1780s France, also.
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classics Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 05:22 PM
Response to Reply #18
26. What is the cost in dollars of keeping him in prison for 26 years?
Calculate that vs the cost to society of having this drivers license test cheater walking the streets... 3 strikes still worth it?
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 02:15 AM
Response to Reply #26
30. about 480,000 bucks
..that's the cost of custody. Add to that some other social costs, and it's a huge loss for taxpayers.
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rman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 09:54 AM
Response to Reply #30
36. loss for taxpayers, profit for private corporations
just another sceme for confiscation of wealth
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david_vincent Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 05:51 PM
Response to Reply #18
27. Americans tend to overlook or forget
Edited on Tue Dec-30-03 05:54 PM by david_vincent
one very clear trend in this country over the past 30 years or
so: a determined effort to incarcerate as many people as
possible. The eventual goal, it seems, is to lock up everyone
except "right-thinking, God-fearing" people, and
we're not all that sure about them, either. Imprisonment on a
massive scale is not just an objective, it's a reality.
Compare incarceration rates in the U.S. with those of other
countries. 
http://www.csmonitor.com/2003/0818/p02s01-usju.html
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dusty64 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Dec-30-03 08:53 PM
Response to Original message
28. Ridiculous, no
wonder the prisons are overflowing. This should apply only to the violent.
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opihimoimoi Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 02:40 AM
Response to Reply #28
32. Who are these Compassionate Judges??
What are their names? This just cannot be true, gatta be a mistake, we cannot be THAT lolo. You know how hard it is to get a ROOFER these days....? Damn.
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rman Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 09:52 AM
Response to Reply #32
35. aren't judges bound to mandatory minimum sentences?
IF a judge is compassionate, then all he can do is cry, while giving a rapist a lesser sentence then the loser who got cought for the 3rd time with a small amount of crack, and giving the drugsdealer a lesser sencence then his girlfriend because he implicated her because his drugs were hidden under her couch.

mandatory sentences, war on drugs, 3 strikes you're out, privitized prison system, privitized police, repealed 4th amendment:
all obvious signs of insanity
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DoNotRefill Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 02:38 PM
Response to Reply #35
37. It depends on the jurisdiction.
Here at least, judges can deviate from the sentencing guidelines, but in order for it to stand on appeal (by either party) they must issue a written opinion detailing what extenuating circumstances caused them to make the deviation.
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Venomous_Rhetoric Donating Member (137 posts) Send PM | Profile | Ignore Wed Dec-31-03 02:43 AM
Response to Reply #28
33. Bizzare!
....Amazing ! And I though we had weird Laws up here!
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bpilgrim Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-31-03 02:37 AM
Response to Original message
31. "Judges, clerks, gendarmes, a throng of cruelly curious heads..."


"Judges, clerks, gendarmes, a throng of cruelly curious heads, all these he had already beheld once, in days gone by, twenty-seven years before; he had encountered those fatal things once more; there they were; they moved; they existed; it was no longer an effort of his memory, a mirage of his thought; they were real gendarmes and real judges, a real crowd, and real men of flesh and blood: it was all over; he beheld the monstrous aspects of his past reappear and live once more around him, with all that there is formidable in reality."

which charector are you?

http://www.mv.com/users/ang/fanfic/quiz.html

peace

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