Topic: JAILHOUSE ROCK: 3 STRIKES

What do you think about this "system"?

If I am shoplifting in a musicstore and I have a Fender & a Gibson, in CALIFORNIA, but sad, I get caught. Probably ending up in jail.
1 year after release from prison they arrest me in OREGON, again with a few guitars, to end up finally in ARIZONA same crime, or here hit my girlfriend with a squier (Fender & Gibson are too expensive).

IS THIS = LIFETIME SENTENCE? or does it depend from state to state?
The answer is intriguing me because I am not so familiar with the US laws.
It would be nice to see some answers

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Re: JAILHOUSE ROCK: 3 STRIKES

I'm not an attorney, so don't take my word for it.  However, I believe the three strikes system is state by state.  The Federal government does not have criminal jurisdiction unless and until the particular crime crosses a state border.  In the scenario you described, the thief was caught in the state where the particular crime was committed.  The criminal would be tried and, if there is sufficient evidence, found guilty and punished by each sovereign state.  Now, if the person stole from a shop in Portland, Oregon, then another in Willamette, Oregon, then another in Columbia, Oregon and was convicted and sentenced separately for each crime then they could be sentenced under Oregon's "Three Strikes" legislation (if they have it - I don't know whether they do or don't). 

On the other hand, if the person stole guitars in Oregon and sold the stolen merchandise to someone in California and shipped them to that person, then the crime has crossed a state border and it is now Federal jurisdiction, as well as the jurisdictions of Oregon and California.  In other words, that particular criminal is facing charges in THREE jurisdictions for the same action and in a WHOLE lot of trouble. 

Again, take that explanation with a grain of salt because I'm not an attorney and while I do work in the field of law, I do not work in the field of criminal law.  My area of knowledge is Federal contracts legislation and regulation. 

- Zurf

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Re: JAILHOUSE ROCK: 3 STRIKES

doc I have a "system" that works very well If you didn't pay for it dont take it  and there are no repercussions to worry about

"Growing old is not for sissies"

Re: JAILHOUSE ROCK: 3 STRIKES

It's a state by state issue, and would be treated as such.

Someday we'll win this thing...

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