Habitual Offenders and the Law Essay Example

Habitual Offenders and the Law Paper There are various types of crimes that can cause a person to be labeled habitual offenders. Drug possession, robbery, rape, kidnapping, and murder are just a few of the crimes that can warrant a misdemeanor or felony charge. The judicial system has proclaimed zero tolerance for these types of criminals; therefore, enhancement statutes were placed in effect. Examples of such statutes would be the Habitual Felons Act, RICO, the Career Criminal Act, mandatory minimum sentences for trafficking in narcotics, perpetuating crimes in a violent manner, three-strikes laws, hate-crime laws, and 10-20-Life for using a gun during the commission of a crime. † (Terrrito, pg 16, Chapter 10). The reasoning behind the three-strike laws is rational when attempting to decrease criminal activity by persistent offenders, but when any one of the three offenses is a misdemeanor, the punishment should fit the crime. There has been much debate in regards to the question of whether the habitual offender law is targeting the right people. Because of â€Å"the war on drugs† slogan, new laws have gone into effect to attempt to deter the possession and manufacturing of any type of drug. Many people complain that the laws need to become stricter because the consequences of violating the rulings do not seem to lessen the amount of drugs on the street. There are thousands of prisoners arrested yearly and many are subjected to the three-strike law, while murders, rapists, and child molesters are set free after serving a light sentence or receiving only a ‘slap on the wrist’. Many people would agree that the wrong types of criminals are not being fully held responsible for their actions. The type and severity of the crime, should be the deciding factor on the length of prison terms when a person commits misdemeanors or felonies, because sometimes the statute is too lenient or too harsh. A person is guilty of sexual abuse in the second degree when he or she is at least eighteen (18) years old but less than twenty-one (21) years old and subjects another person who is less than sixteen (16) years old to sexual contact. Sexual abuse in the second degree is a Class A misdemeanor. † (KRS Chapter 510. 00, July 22, 2011). In Kentucky the penalty for a Class A misdemeanor is up to 12 months in a correctional facility and/or a $500 fine. Another statute states that three or four misdemeanors in regards to sexual abuse of a minor may constitute a felony. Unless a higher penalty is otherwise prescribed and notwithstanding any provision of this chapter to the contrary, a person who commits a third or subsequent misdemeanor offense under this chapter, except for violations of KRS 510. 150, may be convicted of a Class D felony. If the Commonwealth desires to utilize the provisions of this section, the Commonwealth shall indict the defendant and the case shall be tried in the Circuit Court as a felony case. The jury, or judge if the trial is without a jury, may decline to assess a felony penalty in a case under this section and may convict the defendant of a misdemeanor. (KRS Chapter 510. 00, July 14, 2000). Apparently, the people involved in enacting this statute have never been sexually abused or seen the effects of abuse by someone close to them. The lasting effects can be devastating. On the other hand, my brother, Chad, was caught selling less than 1gm of methamphetamines and he was convicted of a Class C felony. A Class C felony is 5-10 years in a correctional facility and his sentence was eight years. Because this was his first offense, he received shock probation after one year. We will write a custom essay sample on Habitual Offenders and the Law specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Habitual Offenders and the Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Habitual Offenders and the Law specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The terms of his shock probation was six months in an out-of-state, inpatient rehabilitation facility and parole for five years and if he violates his parole, he will be sent back to prison but the one year he has previously served will not count toward the original eight years. I did not understand the complete ramifications of the three-strike law until this course, because I live in Kentucky and this law is not in effect. In Kentucky, a persistent offender is given longer prison terms with each new charge. For instance, if Chad were to receive a misdemeanor in 10 years, he would be punished for that specific crime and be labeled a persistent offender. If he were to receive another misdemeanor charge a few years later, his criminal history would constitute a stiffer punishment but he would not be facing life in prison. Incarcerating a habitual offender just because he or she has committed a third crime is accomplishing increased taxes to pay for their upkeep, increased overcrowded facilities, and sometimes injustice. The standards that govern whether defendants are prosecuted as habitual offenders should be heinous crimes so horrible that you cringe. In the two examples I gave you, I cringe because they are both are personal issues with me in one way or another. In the earlier example of Kentucky statutes in reference to sexual abuse, note that the $500 fine could be the punishment instead of prison. One reason of some inconsistencies in penalties could be related to the dates of statutes. Some are revised while others remain the same. I believe the three-strike law should either be abolished or the statutes surrounding enforcing it should be revised. Until our judicial system reviews the validity of all statutes, the phrase habitual offenders should be a label, not constitute a life sentence. By not updating all the statutes so that they can readily work together, the judicial system is committing a heinous crime, therefore becoming persistent offenders themselves. References KRS Chapter 510. 0, July 14, 2000, Treatment of third or subsequent misdemeanor under KRS Chapter 510 as Class D felony, Kentucky legislature, Kentucky Legislative Research Commission, Frankfort, Kentucky KRS Chapter 510. 00, July 22, 2011, Sexual abuse in the second degree, Kentucky revised statute 510. 210, Kentucky legislature, Kentucky Legislative Research Commission, Frankfort, Kentucky Terrrito, pg 16, Chapter 10, Sentencing appeals and the death penalty, Crime and justice in america: a hum an perspective, Introduction to criminal justice, www. ctuonline. edu