Emphasis Added

Thursday, March 06, 2003

Three Strikes and the Constitution is Out

The Supreme Court's 5-4 ruling upholding of the constitutionality of "three strikes" laws may have gone under the radar amid the press of international and war news, but it's an important and unsettling development nonetheless. At issue was a California man convicted of grand theft in the pilfering of $900 worth of golf-clubs. As a result of the state's draconian criminal code, passed by public initiative, he was sentenced to 25 years to life because it was his third offense.

According to the reports I've read, the Supreme Court decided this on Eighth Amendment grounds - e.g., that three-strikes laws don't constitute "cruel and unusual punishment." While that's certainly open to debate, it's a judgment call and hard to argue. The terms "cruel and unusual" seem to invite subjective interpretation, and that's what we got.

What's confusing to me, as a non-legal scholar, is how three strikes laws are consistent with the Fifth Amendment's clear-language prohibition that "any person be twice put in jeopardy of life and limb for the same offense." By definition, three-strikes laws must take cognizance of prior offenses, for which the accused has already served time. The golf-club thief would only be facing, say, 5-10 or less for a first offense, but the additional years are being tacked on as a direct result of his prior convictions. Sounds like double jeopardy to me.

If any lawyers or readers with insight into this can help me out here, I�d appreciate it.

BTW, as an interesting note for Court-watchers, uber-conservative Justice Scalia joined the moderates Stevens, Ginsburg and Breyer in dissent on this case.

12:48:14 PM

Emphasize This! []

Beware the Creatures of the Night � They Have Lawyers!

Did you ever wonder what the legal status of an inherited estate is if the deceased returns as a member of the undead? Are the ghostly inhabitants of a haunted house subject to property taxes? Is a famous horror writer�s muse entitled to royalties on his best-sellers?

There�s only one place to turn for the answers to these burning questions: Supernatural Law, the completely unique and twisted product of writer/artist Batton Lash, and one of the best periodically-published graphic stories around.

People who know I like comics occasionally ask me to recommend a current-day comic book that has the fun, familiar feel of the comics they grew up with, but is intelligent enough to entertain adults. Without hesitation, I suggest Supernatural Law. The story centers on the unusual legal firm of Wolff & Byrd, two New York attorneys who specialize in defending various monsters, demons and misunderstood creatures in lawsuits.

At base, it�s a one-joke gimmick, but what a joke! Lash not only finds new and funny variations on the theme, but also throws in a bucket of incidental gags, cultural references, hysterically accurate references to legal proceedings, and inside jokes that make every story a dense, unexpected treat. It helps that he has also developed compelling human-scale subplots around his growing cast of characters to create some balance between fantasy and reality.

Lash�s art harkens back to the classic styles of the past. His primary artistic concern is telling the story rather than dazzling the reader with illustrative technique (although he is a fine illustrator) and his inspirations are equal parts Archie comics, Will Eisner (the comics pioneer who invented the graphic novel), and Steve Ditko (the co-creator and original artist of Spider-Man). The result is pleasing to the eye as well as the brain.

Supernatural Law (and its spinoff, Mavis) are among the best examples of an endangered species: comics that can be enjoyed equally by kids and adults. The subject matter and approach may be a little too quirky for the mass market, but if you have any interest in the artform or just want some good, light entertainment, this is a title worth seeking out at your local comics shop.

8:22:04 AM

Emphasize This! []