At 2:32 AM 3/8/96, Deranged Mutant wrote:
That aside, in running trials and in many other little things both federal and non-federal judges have too much leeway in deciding what evidence can be admitted, in some of the sentencing details and in various forms of punishment and restitution, etc.
But yes, you made a good reminder point about mandatory sentencing.
I saw a report on CNN Thursday that a new study (done by some law industry body, I didn't note which) indicated that California's "Three Strikes and You're Out" sentencing law is having this effect: 85% of all of the felons sent away for 25-years-to-life were sent away in cases where there 3rd strike was for a drug deal, petty theft, etc. One guy featured had never committed any violent acts, and his 3rd strike was for lifing a pizza. Now I am generally for harsh punishment for true crimes (murder, rape, and even robbery), but many of the "felonies" are not in this class. Many are drug-related (you all have heard the many horror stories about 19-year-old Deadheads sentenced to 15 years for having blotter acid at Dead concerts). The relevance to this list, and to the CDA? The felonies the CDA defines are just that: felonies. Not misdemeanors. While sentencing guidelines have not been issued--a point Brian Davis reminded me of in a private communication--it is likely under California law that these felonies will count toward the "Three Strikes" sentencing. These fuckers in Congress are full of shit. There, I could be prosecuted under the CDA for "manifestly indecent" language, made available to minors (several high school students have identified themselves as being on the list, so it is highly likely minors are on the list at any given time). It's unlikely that mere indecent language would ever be prosecuted, but the CDA says it can be. I'd better not fuck up a third time....whoops. Oh shit. "25-years-to-life." Welcome once again to Amerika. --Tim May, a felon Boycott "Big Brother Inside" software! We got computers, we're tapping phone lines, we know that that ain't allowed. ---------:---------:---------:---------:---------:---------:---------:---- Timothy C. May | Crypto Anarchy: encryption, digital money, tcmay@got.net 408-728-0152 | anonymous networks, digital pseudonyms, zero W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets, Higher Power: 2^756839 - 1 | black markets, collapse of governments. "National borders aren't even speed bumps on the information superhighway."