Three-Strikes law mandatory sentencing

US: First of all, this is not about a simple baseball game.

This is about the most important thing of all, the game of life. The Three-Strikes law (mandatory sentencing for three felony convictions) came into being through fear, manipulation and, yes, full-blown prejudice.

The popular image of the African-American male as a predator continues to fuel this absurd trend, and is hardly likely to be arrested in the short term, that is, save a miraculous transformation of the media, the economy, black male collective organizations and public opinion.

Ever since the 1968 presidential campaign of Richard M. Nixon, the African-American male image has been a useful mobilizer for white votes. With the focus on street crime completely saturating the media through both entertainment and news, or a combination of both, it is not surprising that 90 percent of the American public agrees that crime is a very "serious" problem.

In the August 1995 issue of American Demographics, Cheryl Russell writes that the obsession of the media with providing the "gory" details of crime has increased the public's fear of crime. This is particularly true in regard to the largest "inner-city" areas of the nation, like Los Angeles. It is also well known that Gallup Polls rank cities according to their perceived danger of crime.

In the aftermath of the decline of the military-industrial complex as a result of the end of the Cold War and the rusting of America's industrial heartland, the business of imprisonment looms more importantly. Many, many people realize crime (or the perception of it) is profitable for a wide spectrum of firms. More than two in five Americans have additional locks on their doors, and slightly less than one in five have residential security systems or alarms.

Again, according to Russell, gun sales, Mace and other devices designed against crime have also fueled the tremendous growth of the private security industry. Today, well over $50 billion per year is spent in an industry that employs over 2.5 million guards and consists of over 22 thousand firms.

Private firms now own prisons and utilize inmates as a source of cheap labor. Prisons also represent new jobs and the infusion of new money into some rural communities previously suffering from economical depression. In addition to jobs, prisons fuel a variety of high- and low-tech industries, including surveillance and electronic monitoring, food service, medicine, supplies, health care, drug treatment programs, telecommunications, lenders, architectural firms, and the construction trades (including masonry, fencing, barbed wired, etc.) as the prison industry continues to boom.

The Origins of Three-Strikes Law

Many have traced the popularization of mandatory minimum laws to the Rockefeller Drug Law, enacted in 1973 under West Virginia's then-Gov. Nelson Rockefeller. These laws began the downward spiral of removing the discretion of judges from sentencing.

The Rockefeller Drug Laws incarcerate offenders for 15 years to life for possession of four ounces, or the sale of two ounces, of select controlled substances as Class A felony crimes. These laws provide an individual with the same sentence for possession of a few ounces of illegal drugs as someone convicted of murder, kidnapping or rape.

Enacted in the same year in New York state was the Second Felony law, which adds time onto sentences for second felony offenses, regardless of whether violence was involved. In New York, African Americans and Latinos comprise 93 percent of those incarcerated for drug felonies, while making up only 23 percent of New York's population.

Annually, 35,000 individuals are locked up in New York State for drug felonies. Also, while the Rockefeller and Three-Strikes law impacts society on the state and local levels, federal mandatory minimums have also had a negative impact throughout the country.

In actuality, the Three-Strikes law in California was designed for the most brutal criminals, and as is the case of federal and Rockefeller Drug Laws, meant to get the "kingpins." Instead, these laws are penalizing ordinary offenders with draconian punishments.

Over 65 percent of those imprisoned under Three-Strikes in California are non-violent offenders. According to the Leadership Conference on Civil Rights (LCCR) and Leadership Conference on Civil Rights Education Fund, African-American males sentenced in state courts on felonies receive prison sentences 52 percent of the time, while whites just receive them 34 percent of the time.

The rapidly increasing number of women being locked upnow the fastest growing proportion of America's prison populationis also seen as a cause for alarm.

By Otis L. Cavers posted 26 April 05

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US incarceration rate climbs
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DPP moves to freeze guard's interview money

Karen Brown (left) has been charged with murder.

The New South Wales Director of Public Prosecutions (DPP) has moved to freeze the money paid to a Sydney security guard for media interviews about a fatal shooting in the city's south-west last week.

Karen Brown is to face court next month charged with the murder of a man who allegedly attacked and robbed her at Moorebank.

DPP Nicholas Cowdery QC says an application has been made to the Supreme Court to seize any payments to the guard.

"In this case, a serious offence has been charged against Ms Brown," he said.

"Information has been obtained from the police and the grounds appeared to exist for a restraining order against certain property."

He says the Supreme Court has granted the confiscation order under the Proceeds of Crime Act and the public trustee will take control of the money.

"This is property which falls into the definition of tainted property because it has come about as a result of the commission of the offence and so it is still caught by the Act, whatever the timing of the actual laying of the charge," he said.

By Starsky and Hutch 4 August 04

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DPP concerned over security guard interviews

The New South Wales Director of Public Prosecutions (DPP), Nicholas Cowdery QC, has expressed concern over the media's involvement in the case of a security guard who will be charged with murder.

Karen Brown allegedly shot and killed a man who attacked and robbed her near a hotel in Moorebank, in south-western Sydney, last Monday.

Yesterday police ordered Ms Brown to report for a formal interview but she failed to appear.

The 41-year-old spoke to the Seven Network and a newspaper over the weekend for a fee, despite telling police she was too unwell to speak to them.

Mr Cowdery says the media's involvement in such cases has the potential to interfere in the justice process.

"It is a very serious issue and something that we need to be addressing very carefully and we need to be assessing, I think very carefully, also the position of police in relation to the media when these kinds of issues arise," he said.

"There have been some very disturbing events over recent times that have put the spotlight on the conduct of police, the conduct of the media and their relationship with the criminal justice process."

The Seven Network has defended interviewing Ms Brown.

Seven's news director Peter Meakin has rejected claims that the interview interfered in the justice process.

"When we did the deal she had not been charged with anything. She was an innocent person in fact and by presumption," he said.

"If people genuinely believe the jury system is so fragile that someone seeing a television interview six months before a case comes to court is going to somehow prejudice their judgement, then it's time we ban the jury system."

By Starsky and Hutch 2 August 04

THE DOG: When 7 did the deal Karen was too sick to be charged she said? Ban Channel Seven!

Mark Latham's, token gestures for older unemployed

StandUp appreciates the fact that Mark Latham is concerned about older unemployed people. His specialist job network proposal aimed at older people might provide a bit of assistance.

But the main issue is not the deficiencies of older people. It is the prejudice of employers. These days in some professions one can be over the hill at aged forty. This is a disgrace.

Under the Anti Discrimination Act, discrimination against the aged as well as sex, religion, sexual preference, transgender status, race etc. is supposed to be illegal but in reality this is extremely difficult to enforce.

If an employer were challenged on this issue, he or she would merely find another excuse for not employing the older job applicant.

There is no compulsory Work for the Dole for those over fifty. There should be no forced Work for the dole for anyone. But job network agencies find other ways of persecuting us.

One fifty five year old told us how he was forced to go to his agency office several days a week to sit all day in front of a computer -- looking for jobs which simply are not there.

Mark Latham has a knack of making policy initiatives on significant issues ignored by the Howard Government. It is indeed timely that older unemployed be put on the political agenda. But Latham is at best only offering band-aid solutions.

In no way is he guaranteeing jobs? In no way will he enforce employers to change attitude and in no way will he guarantee the right to work.

StandUp supports the right to work for everyone. No matter how old we are we still need a decent income. Working is the way to get it. Many of us also like to work as we find it creative fulfilling, providing satisfaction and for the social life. We should have the right to work if we want to irrespective of how old we are.

By StandUp NEWS posted 21 July 04

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The gatekeeper to the roll of abnormality? Test probes minds of psychopaths

Scientists say they have adapted a standard psychological test that detects underlying prejudices to delve into the minds of psychopathic murderers.

Next thing you know they'll want you to pay them soothsayer tax.

Serial killers they say can be adept at lying and deception and may turn on the charm to confuse their interrogators

Sound familiar? Certainly not unlike some politicians that I know about.

[War criminal Prime Minister John Howard the serial killer certainly fits into that category truth seekers.]

But researchers at Cardiff University in Wales say their test reveals implicit beliefs.

"We've modified a classic test and applied it to forensic psychology," Nicola Gray, of the school of psychology at the university, said.

"It is the first time we have really been able to gain access to the minds of violent offenders and see what their beliefs of violence are without using measures that can be faked."

[I wonder if serial killer John Howard would volunteer?]

But predicting violence is nonsense because in reality everyone can be violent and dangerous. It just depends on how far a person is pushed, or how far a person wants to push said, Dr Mind Reader from Justice Action.

"Don't push me I'm to close to the edge! I'm trying hard not to lose my head. A hu uh!" Who said that?

And what about the resource wars and imperialism in the Middle East by the Coalition of the Killing?

The test, which requires people to perform tasks and answer questions by computer, [allegedly] shows that psychopathic murderers have more positive reactions to violence than other offenders, which may underpin their actions and help to expose those most likely to kill.

But what if you checked out the ratings on television shows about people who watch murder, violence and death, would you find more positive reactions to violence? Would it underpin their actions and help to expose those most likely to kill?

And what about the perpetrators who produce such television shows for public incitement, what does that say about their motives to encourage violence, killing and murder, when people want retribution for a wrong?

What about war criminal militants you call soldiers? Serial killers and murderers, lethal memes in war? Deaths in custody? Violent police? The list goes on. If you people want to get rid of violence then authorities should lead by some form of example, don't you think. There should be no violence, none!

The test is [allegedly] designed to prevent faking, so violent criminals who may try to deceive police or psychologists would not be able to fool the computer.

[A dumb computer with the brain the size of a pea opposed to the brain of a human being? That tells us all we need to know about police and psychs doesn't it!]

Computers are fooled every day because they're only about 1 percent of a human brain, said Dr Mind Reader."This is Just another device for big brother to fool you about their ability to predict."

Prestige also gets results and should be the real test. What benefit is there for those seeking the result of the test?

"The murdering psychopaths showed a much more positive association to violence. Psychopaths who were not murderers had a much more negative view of violence," Gray explained.

But did you ever positively watch Silence of the Lambs?

The scientists hope to use their test to evaluate people who have been charged with a crime but who protest their innocence and during parole hearings to determine if the criminals are likely to re-offend.

So those who may have been framed for crimes and who protest about it can be determined null and void? Instead of looking at the reasons, they say, why they were framed?

No scientific hope there will be a test to evaluate politicians who spin but who protest their innocence like war criminal and serial killer John Howard?

No scientific hope there will be a test to evaluate police corruption by police who protest their innocence?

No scientific hope there will be a test to evaluate soothsaying by people who think they can see the future?

"But this is the first data and we need to do a lot more work before we can make almost life or death decisions about whether people should come out of prison or not," Gray added.

A lot more work!

In research reported in the science journal Nature, Gray and her colleagues evaluated the test on more than 100 violent criminals. [But not violent politicians, or police?]

The researchers have also adapted the classic Implicit Association Test (IAT) to use on arsonists, paedophiles and rapists. [But not on the ruling class?]

"If this difference can be picked up by the 'violent' IAT before an offence is committed, this test may become an important tool for distinguishing psychopaths who are likely to commit extremely violent offences from those who are not," Gray said.

[Soothsayers!]

By Silence of the Pawns 29 May 03

THE ELEPHANT: And if you tell me the lotto numbers I'll be a millionaire. Who wants to be a millionaire? Forensic psychologists!

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