A 50-year old chronic offender has been given an eight-year sentence for offenses including stealing a pack of shredded cheese worth $3.99 in US dollars. On January 6, Robert Ferguson snatched a woman's wallet from a 7-11 counter and then stuffed the package of cheese into his pants before leaving the store. Although prosecutors had initially pushed for a life sentence under California's harsh "three strikes law", Robert Ferguson was given a lighter sentence after a psychiatric evaluation determined that he was suffering from bipolar disorder and had a compulsion to steal. Ferguson, who has a nearly 30-year record for burglary and other offenses, has spent nearly 22 of the past 27 years behind bars and narrowly avoided a life sentence in 1994 for a similar offense. His defense attorney, Monica Brushia, successfully argued that many of his offenses occurred decades previously and his only assault conviction was actually a misdemeanor stemming from an incident in which he threw a soda can at one of his siblings as a teen. She also stressed the petty nature of his latest offense and the lack of violence on his record. He will be eligible for parole in three years.
Passed in 1994, California's three strikes law is the harshest of its kind and calls for 25 years to life for all offenders convicted of a third felony, regardless of the crime. More than 41,000 offenders have been convicted under the law as of March, 2008 despite the massive overcrowding prevalent in California's prison system. The extent of the overcrowding (including prisoners being packed into hallways and classrooms in prisons) has been ruled as cruel and unusual punishment in violation of the US constitution. Although a federal judge has recently order the state to reduce overcrowding by 55,000 inmates, "three-strikes" convictions continue. A 2005 legislate report has reported that enforcing the "three-strikes" law for even non-violent offenses costs the government $0.5 billion US each year. Governor Arnold Schwarzenegger has recently called for a twelve-percent cut in California's prison budget as part of his austerity program.
Comments