In the case of Andrade v. Lochnyer, Andrade's third crime was shoplifting cheap merchandise from K-Mart. Andrade was a Latino-American, loving father, and Army Veteran living in a racist California town. More than five years earlier, he had stolen before while addicted to drugs -- two of the rest occured on the SAME day. Both were for stealing from houses -- no one was home.. Andrade was arrested for shop-lifting from the K-Mart -- but -- then he was charged under the WOBBLER rule. Andrade received a "life" sentence. Through determination, his case reached the Supreme Court. However, the Supreme Court chose to side with California -- they said that the punishment was NOT cruel and unusual. The cases of Carmona, Harmelin and Andrade all show a similar pattern. In the view of MICHELLE ALEXANDER, this pattern INCREASES the rights of those already incarcerated DECREASES the rights of persons at the time of arrest DECREASES the importance of plea bargaining within the legal system. INCREASES racism within the legal system by allowing harsh laws to harm people of color
In the case of Andrade v. Lochnyer, Andrade's third crime was shoplifting cheap merchandise from K-Mart.
Andrade was a Latino-American, loving father, and Army Veteran living in a racist California town.
More than five years earlier, he had stolen before while addicted to drugs -- two of the rest occured on the SAME day. Both were for stealing from houses -- no one was home..
Andrade was arrested for shop-lifting from the K-Mart -- but -- then he was charged under the WOBBLER rule.
Andrade received a "life" sentence.
Through determination, his case reached the Supreme Court.
However, the Supreme Court chose to side with California -- they said that the punishment was NOT cruel and unusual.
The cases of Carmona, Harmelin and Andrade all show a similar pattern.
In the view of MICHELLE ALEXANDER, this pattern
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DECREASES the rights of persons at the time of arrest |
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DECREASES the importance of plea bargaining within the legal system. |
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