Reply #10: How is this consistent with the principles of "Three Strikes"? [View All]

[TahitiNut]

To disregard prior convictions in this case seems contrary to the persistent hue and cry for elevated culpability. I realize the trial phase is distinct from the sentencing phase, but the question of relevance seems to be eroded by a presumption of future behavior inherent in a "Three Strikes" philosophy. After all, if it's presumptive of future behavior why wouldn't it be at least partially presumptive of current (being tried) behavior? If we're to ensconce such presumption in sentencing, why not in trying?


(FWIW, I'm opposed to 'Three Strikes' sentencing based on undeniable and inherently unequal protection under the law.)