This is one of those right problem to solve wrong solution proposed. There’s a problem in our criminal justice system right now, too many prisoners. There’s a perception that violent criminals get back on the street far too easily. The reality is that we tend to lock up many people who shouldn’t be and don’t keep the criminals who should be locked up for enough time.

The popularity of 3 strikes laws is something only political flunkies could love. It sounds like its tough on crime, which we all know plays out so well in the political world.  When you look at the states that have them though, the problems remain. Overcrowded prisons, violent criminals still getting paroled and adding new crimes to their repertoire and the public still outraged.

California has provided the 10 year window on which to judge it’s 3 strikes law, from the wiki:

Some unusual scenarios have arisen, particularly in California — the state punishes shoplifting and similar crimes as felony petty theft if the person who committed the crime has a prior conviction for any form of theft, including robbery or burglary. As a result, some defendants have been given sentences of 25 years to life in prison for such crimes as shoplifting golf clubs (Gary Ewing, previous strikes for burglary and robbery with a knife), nine videotapes (Leandro Andrade, previous strikes for home burglary), or, along with a violent assault, a slice of pepperoni pizza from a group of children (Jerry Dewayne Williams, four previous non-violent felonies, sentence later reduced to six years). In one particularly notorious case, Kevin Weber was sentenced to 26 years to life for the crime of stealing four dildo’ss (previous strikes of burglary and assault with a deadly weapon).[8] However, prosecutors said the six-time parole violator broke into the restaurant to rob the safe after a busy Mother’s Day holiday, but he triggered the alarm system before he could do it. When arrested, his pockets were full of dildo’s he had taken from the restaurant.[9]

Here’s a link to the bill Cafero is proposing. Cafero is proposing that burglary be moved up the class felony list. The problem with legislating such stuff is it removes the discretion from the prosecutor’s office to determine the severity of the crime. There is a difference between a burglar who enters a residence knowing that there are occupants versus one who does not. There is a difference between a burglar who steals a lawnmower from the garage and one who ransacks every single room. Our judicial system has to have flexibility in sentencing for that reason alone.