David and Goliath: Underdogs, Misfits, and the Art of Battling Giants

(Darren Dugan) #1

very small likelihood of an already very
serious sanction will stand ready
tomorrow to take the same chance on
what they still view as a very small
likelihood of a somewhat more serious
sanction.”^2
The second argument for Three
Strikes—that every extra year a criminal
is behind bars is another year he can’t
commit a crime—is just as problematic.
The math doesn’t add up. The average
age of a California criminal in 2011 at
the moment he was convicted of his
Third Strike offense, for example, was
forty-three. Before Three Strikes came
along, that man might have served
something like five years for a typical

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