10.10.2019 Views

The Violent Crime and Law Enforcement Act of 1994

The Violent Crime and Law Enforcement Act of 1994

The Violent Crime and Law Enforcement Act of 1994

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

quite different from state to state; these inconsistencies have been removed to some<br />

extent in the past decade.<br />

Some unusual scenarios have arisen, particularly in California in the United States —<br />

the state punishes shoplifting <strong>and</strong> similar crimes involving over $500 in property<br />

as felony petty theft if the person who committed the crime has a prior conviction for any<br />

form <strong>of</strong> theft, including robbery or burglary. As a result, some defendants have been<br />

given sentences <strong>of</strong> 25 years to life in prison for such crimes as shoplifting golf clubs<br />

(Gary Ewing, previous strikes for burglary <strong>and</strong> robbery with a knife), nine videotapes<br />

(Le<strong>and</strong>ro Andrade, 50 years to life for two counts <strong>of</strong> shoplifting), or, along with a violent<br />

assault, a slice <strong>of</strong> pepperoni pizza from a group <strong>of</strong> children (Jerry Dewayne Williams,<br />

four previous non-violent felonies, sentence later reduced to six years on appeal).<br />

Undue Prosecutorial Leverage<br />

Habitual Offender laws also give prosecutors more power to force a defendant to plea<br />

bargain, as <strong>of</strong>ten the only deviation from a m<strong>and</strong>atory minimum sentence is with<br />

prosecutor approval.<br />

Compatibility with Fundamental Rights<br />

<strong>The</strong> laws have been challenged on the basis <strong>of</strong> violating fundamental rights.<br />

Page 77 <strong>of</strong> 190

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!