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California Man Gets Eight Years for Stealing Cheese
Robert Ferguson was sentenced under the 'three strikes' law, as critics again plea for reform of state's overcrowded prisons
A California man has been sentenced to up to eight years in prison for stealing a $3.99 (£2.60) bag of shredded cheese in a case critics say shows the need for reform of the state's criminal justice system and the overcrowded state of its prisons.
Californian Robert Ferguson has been given nearly eight years for stealing a packet of cheese. (Photo: Charles McRear/Corbis) Robert Ferguson, who prosecutors say has a nearly 30-year record of convictions for burglary and other offences, avoided a life sentence under the state's controversial "three strikes" law after a psychological evaluation deemed him bipolar and unable to control his impulses to steal, the Sacramento Bee reported.
Prosecutor Clinton Parish said Ferguson had spent 22 of the past 27 years behind bars but had failed to show he could obey the law. A judge sentenced him to seven years and eight months in prison, but he could be eligible for parole in three years.
The ruling came amid critical overcrowding in the California prison system, to which years of tough policies, the "war on drugs" and one of the highest US recidivism rates have contributed. The system held 166,569 inmates in August, but remains so overcrowded nearly 8,000 have been sent to prisons outside the state.
The state's three strikes law, passed in 1994, significantly increased the amount of time repeat convicted criminals serve in prison. It provides 25 years to life in prison for a third felony conviction by an offender with two or more prior serious or violent criminal convictions. As of March 2008, more than 41,000 people were in prison under the three strikes law. A 2005 legislative report estimated the law, including its application to nonviolent offences, added about $0.5bn in costs annually.
With prisoners stacked three-high in bunk beds in gymnasiums and packed into hallways and classrooms, California's prison system is so overcrowded that a series of judges have ruled conditions violate the US constitution's prohibition of cruel and unusual punishment. Last month, a federal judge ordered the state to reduce overcrowding by 55,000, the same week that a state court approved a life sentence for a man convicted of possessing 0.03 grams of methamphetamine.
America's most populous state has been crippled by political discord, unable to close a $20bn budget gap. Governor Arnold Schwarzenegger has called for a 12% cut in the state's prison budget, to $8.1bn.
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77 Comments so far
Show AllIf he had killed a million Muslims he could make $50,000 per speech.
Depravity is this systems middle name.
Thank the Prison Guard Union for all their lobbying efforts to increase the number of inmates.
To add to that insanity, I checked, and it costs about $47,000/year to house an inmate in Caleefornya (Arnold speak). So 8 years times that works out to $376,000 total cost to imprison this person for stealing less than $4 worth of cheese. If that does not scream that we live in a sick, completely out of touch country, I don't know what does.
The reason so many are incarcerated is corporations are making money from it. Since the corporations are in charge of everything (fascism) they have sucked many states dry.
Indeed Obama's utter lack of action in prosecuting the Bush war criminals is very annoying. Of course it's hard t prosecute people for what they themselves are doing idn't it? Rinse and repeat for the big bankster thieves who far from spending time behind bars for crashing the economy instead are getting 20 million dollar bonuses from the tax payers pocketbook.
America is a a joke in poor taste. :(
How can Obama persue Bush's war crimes whilst he's doing the same shit!?
-"A California man has been sentenced to up to eight years in prison for stealing a $3.99 (£2.60) bag of shredded cheese "
You do realize that this "three strikes" thing makes Americans look like idiots? Hey, when are you going to get "tough" on crime????? What a joke. You have more people in prison than in school, you are handing out handguns just as fast as you can disinfranchise the poor and the minorities, and now you need one more jail cell for the, the what?....
"the Uni-Cheeser"? "Osama-Bin-Gouda"?
Just as US wars create more enemies to justify the existence of its Military Industrial Complex, its brutal and stupid crime policies guarantee a steady flood of prisoners for its Prison Industrial Complex.
Those of us who have been affected by it in the US are terrified.
Look like? If California has a budgetary problem their citizens need to look at their popular referendums where the stupidity of the majority can pass laws overruling common sense. They might also want to look at why they have a governor whose only qualification for office was steroid-induced musculature and a cartoon-character acting career.
I really enjoyed your "the Uni-Cheeser? "Osama-Bin-Gouda"?
In the midst of all this insanity a moment of laughter reminds us that we are humans.
The US has more people behind bars than any country in the world. Literally.
Not only does the US have the highest incarceration rate, it literally has more people behind bars -- 2.3 million according to a 2008 article. China, with 4 times the US population, was a distant second at 1.6 million.
http://www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html
Also, the US has the most women behind bars -- 3 times any other country. See page 5 of:
http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf
Indeed these are shocking figures. What did Tolstoy (or was it Dostoyevsky) say? That a society can be evaluated by looking at it's prisons, or something like that?
Gandhi said it, pjd412. Look it up. /cm
And people wonder why America is so little respected in the world, when something like THIS happens. And note it was an English paper that reported it. There was almost zero coverage of this here in the United States. Gee, I wonder why?
Gary
"I am told that the clinical definition of insanity is the tenancy to do the same thing over and over again and expect different results."
-- Stephen F. Lynch
This 'mis-appropriation' of Cheese - Shoplifting, Petty Larceny at best - is a mere Class 'E' Misdemeanor. Jailtime for Misdemeanors are extremely rare. WTF is going on here? Is the Article wrong, or is the Prison-Industrial Complex in California this depraved?
What person - Judge, Prosecutor, Jury, Citizen - could possibly even contemplate this heinous travesty?
Who are the 'real' criminals here?
The person in question was no O.J. Simpson. He was not white, or wealthy, or connected. He is just another man who has a history of mental illness who has been mistreated and abused by the 'justice' system, making him the recidivist criminal he now is.
The vast majority of the US prison population is composed of the poor and minorities, many of whom have multiple convictions, in no small part due to the hostility former convicts face when they are eventually released. Confronted with limited and demeaning employment prospects, many have little choice but to return to a life of crime to simply support themselves. Many others have been utterly abandoned by the wider society, their whole existence seen as criminal from birth, so it is no wonder they turn to crime as a way of lashing out and rebelling against the majority (mostly white and wealthy).
And many of those who are now incarcerated in the US for-profit prison system have become little more than literal slave labour, making profits for dozens of companies that 'buy' their 'services' from the Corporation that runs the prisons they have been sentenced to.
In all likelihood, very soon this man will be joined by approximately 13 *MILLION* fellow food thieves who are doing nothing more than trying to feed themselves and and their families after their Federal unemployment payments are cut off later this year.
Should make for an interesting summer...
I am not going to defend the prison system, but it might be that the judge was being kind to this retch.
The perpetrator is mentally ill, under nourished, probably homeless. What is a justice to do? Who would take care of this retch? Being mentally ill, he most likely cannot take good care of himself. He needs treatment. Where will he get treatment? Not in the underfunded state hospital system. I bet he does not have medical insurance, seeing he has a pre-existing condition.
If I were this mans lawyer, I would beg the court sentence him to ten years in state prison, where he would get help, however, meager.
BTW, give money to those you see begging. You never know if you might end up down, too.
"BTW, give money to those you see begging. You never know if you might end up down, too."
When I can, I do. And I am not beyond buying the odd meal for those who really need it.
I'm not wealthy by any means (I went from full time production woodworker to part time sales, due to the sub-prime mortgage meltdown in 2008, and live in subsidized social housing), and have much empathy for those in worse straights than I. I know I am basically one pay-cheque away from being on the street myself. So it is to that end I have spent time preparing to deal with that eventuality *if* it happens, and how to survive it by reading websites and blogs written and maintained by the new homeless.
In Vancouver where I live, the Provincial Government just blew an estimated 8.5 *Billion* dollars on a 17 day party for the Elite called the Winter Olympics. The budget for the Olympics can only be estimated because the secretive and Corporately connected Campbell Government has hidden the true cost in several places, splitting the information into different budgets and forecasts, and outright refusing to reveal the truth, even defying it's own Freedom Of Information (FOI) laws to do so. The local IOC mafia, VANOC, is even worse.
Why should this Olympic hoo-hah matter?
Because at the same time we were having the Olympics, the 'Red Tent' campaign to raise awareness about homelessness in Canada was being held, with almost no media attention. There are hundreds of former mental patients wandering the streets of Vancouver's internationally notorious Down Town East Side (DTES), the poorest postal code in Canada, who prior to the budget cutting antics of the Campbell Government, were in Provincial care, in competent hospitals. These people have serious mental health and substance abuse problems, but are routinely ignored, brutalized and even killed by the Vancouver Police, often acting on the unwritten, but understood, orders of the government and property owners.
What I am seeing now is a broad ranging criminalization of poverty across *all* of North America. And the numbers of the poor and homeless in the US and Canada are about to explode.
The state hospital system might no be able treat him. The state prison system certainly WON'T be able to treat him.
Throwing him into the state prison system isn't being kind. It is "out of sight, out of mind", it is "go rot where I can't see you rotting".
Too many states have '3 strike laws'. We have too many Joe Arpaios, too many prosecutors building their political careers with our tax dollars (Paul Morrison, disgraced Attorney General in Kansas - a vile human), the list goes on. But you know what,, it is our fault. We allowed the law & order crowd to be elected.
I resigned as a court psychologist consultant because of the abuses by prosecutors, judges, and police in our court houses. We are all in peril.
I know a county DA who resigned because he got tired of prosecuting the hapless country kids for growing pot and he got tired of jailing tree-huggers who stopped the logging companies from clear cutting. His heart wasn't in it.
Joe
Why is your daughter reading Les Miserables? Is it on the standardized test?
Seriously, congratulations that your child is reading a book like Les Mis and experiencing it empathically. I am happy she will be around in my children's world.
Joe
Indeed!
Eight years in prison just for stealing a package of cheese??!?
Oh, good lord! How ludicrous can things get?
Victor Hugo's Les Misérables: http://en.wikipedia.org/wiki/Jean_Valjean
In winter 1795, when resources become scarce, Valjean steals a loaf of bread from a local baker, Maubert Isabeau. He is caught and imprisoned for five years in the Bagne of Toulon, the Toulon prison, and assigned the number 24601. He attempts to escape four times, in 1800, 1802, 1806 and 1809, each time his sentence is lengthened by three years; he also receives an extra two years for once resisting recapture. Finally, after nineteen years in prison, he is released, but must, by law, carry a yellow passport that announces his imprisonment. Furthermore, he is ordered to report to Pontarlier, since ex-convicts were not allowed to choose their residence themselves.
We haven't made much progress in how we treat the poor and hungry have we? I don't believe that other Western nations have criminalized nearly everything as we have here in the US.
I'm pleasantly surprised at the absence of the usual tough-love trolls here. It's early, though; I'll doubtless end up sentencing myself to scrolling past the tedious exchanges these braying jackasses invariably elicit.
I expected at least a few comments harshly condemning poor Ferguson as a cheese-eating recidivist monkey, and noting that dumpsters are full of discarded pizza boxes, a well-known source of cheese fragments for the impoverished but industrious.
Amerika is addicted to the worst kind of polarizing criminalization of society, in which the wealthy ruling classes are increasingly above the law and personal accountability, and the increasingly impoverished ruled classes are fodder for a vast and profitable "justice system" that certifies them as second-class citizens.
And I can't forbear noting the pathetic irony here of cheese being the bait for the "correctional" glue trap.
· Yr Obd't Servant
-"I expected at least a few comments harshly condemning poor Ferguson ..."
arghhhhhh!! Once a cheese stealer, always a cheese stealer!!!! Lock him up and throw away the cheese platter!!
Ooooh, Can I try to play the role of a jackass troll?
Don't do the Crime if you can't do the time! Should have just been shot by the cops, not just arrested by them and wasting money on a needless trial!
ummm, can't think of anymore of their talking points. I'll just nip off to Freeperville and see what I can find... Hang on a while, it might take me a year or two...
How is the prison industrial complex any different from the Soviet Gulag?
Well, you don't have show trials in the states do you? Right? Oh, guano...
I mean if you go to trial there is a good chance that the innocent won't be convicted or get charged with breaking every law in the book. Oh, really...
So, not much difference then...
It is different in that we pay for it
Ok, all kidding aside. The usa is supposed to be different because it claims that their justice system respects the rule of law.
The Soviets too had a constitution that guaranteed all the warm fuzzies that the us constitution does/did. But, and it's a big but, the Soviets only pretended to respect their constitution. There have been times when the usa has actually respected theirs.
What use is the constitution of the states if the courts ignore parts of it?
Someone who is arrested for possession of a joint or two will face a prosecutor who is rewarded for throwing the pot head in jail for a longer period of time than someone who robs banks. Someone who steals enough food to make a sandwich is jailed for 8 years, and you want to argue that he got a fair trial? Yah, right.
And when this guy gets out of jail, do you really think that the guy's going to be able to get a job? He'll be an ex-con, just like those potheads who are ex-cons now and don't get to vote anymore in some of the states. No one is going to hire him for any job that has more responsibility than washing dishes, if that. If he doesn't get a job, he'll be on welfare.
Welfare doesn't give you enough money to live on, you might be able to live on it if you're able to find three or four roommates for a one bedroom apartment. Of course if you want to eat, well, guess he'll be stealing another chunk of cheese in a few years, eh?
On edit; who the frick are you to tell me to censor myself anyway? By what authority do you suggest others 'stay quiet'?
Hi Chameleon,
"Personally I think this particular guy belongs in a mental institution,...."
I've been reading a few related articles recently on rulings in the courts on the housing services provided for the disabled and mentally ill.
http://documents.nytimes.com/disability-advocates-inc-v-david-a-paterson#p=1 and
http://www.nytimes.com/2010/03/02/nyregion/02mental.html?scp=7&sq=mental&st=cse
It seems the Americans with Disabilities Act (passed during Bush I regime) has been slowly grinding the system to help bring about humane treatment to the mentally ill. Granted there is a looooong way to go but I agree with you, our system is not GULAG.
Stealing food for sustanence is not mental illness, it is necessity and survival. It is criminalized for lack of real solutions to poverty and, yes, to provide bodies for the PIC. This thinking can be extrapolated when it comes to depression. Many situations on planet earth and within each of our own lives ARE depressing and thus we are justified in this depression. Depression can lead us to action to change our depressing situation. Unfortunately, Big Pharma wants to supress depression thus supressing any action or reaction to a truly depressing world.
A numb people is a happy people.
[ you're not even close to a Gulag]
I'm not so sure about that. Sure the prisons in the states have better food, and they are heated in winter. On the other hand few of them are air conditioned and I'd rather deal with conditions that are too cold rather than ones where you're too hot. In the Gulags, the guards and prisoners could and would kill, rape, beat and murder the inmates. In the us prison system, it's the same deal. In the Gulags, you were there for decades, the sentences were draconian. In the states, should you be sent to jail, you'll be there for years, and the sentences are draconian.
To get to the Gulag, you didn't really need to do anything wrong. Your neighbour could have you sent to the Gulag by informing the 'authorities', or Stalin could have told his cops that he wanted X number of people from your neighbourhood locked up and, well, off you went. In the states, you also have a system where your neighbours can inform on you if they don't like you; crimestoppers or tips. If your neighbour really hates you they can plant a plant and you'll go to jail for growing a weed. If the cops don't like you, they've got the ability to do a similar thing. The politicians of the states like to be seen as being tough on crime, to do that they need to have people arrested and thrown in jail.
Then there's Guantanamo, hundreds of prisoners being tortured and confined. Many, if not most, of them are and were not terrorists of any sort (before going there, afterwards only the most humane of the former prisoners wouldn't want to become terrorists). Most of them are there because the usa gave out cash rewards to those who would 'denounce' terrorists in their neighbourhoods.
Instead of the dictatorship of the Proletariat, the states has the dictatorship of the employer. Some differences exist, but those are minor ones. In both systems you can lose your job if you say something your 'boss' doesn't like, in both systems losing your job may also mean you go to jail. (although it still is somewhat harder for the employer to get you chucked in jail than it was for the 'boss' in the USSR)
That being said, I don't think that the usa will go nuts to the same degree of the USSR. The leaders of the usa know full well that imposing a 'totalitarian' state system of oppression is just not really necessary. Why oppress them when you can just ignore them?
"Why oppress them when you can just ignore them?"
Or drug them or hypnotize them with MSM pap?
Good points on the employment. Lose your job, steal some cheese, BOOM! Off to jail you go!
They really aren't much different. The NKVD was a commission of three people used instead of a court to punish anit-soviets. In other words many of the prisoners were there for political reasons. In the US the prosecutors are given a lot of resources, yet the public defenders are given very small budgets and often employ the worst attorneys in the country. They essentially threaten 95% of all defendants into taking a plea, even the innocent, using various techniques. This essentially makes them a branch of the prosecutor's office. Our legislators have been lobbied by the prison-industrial complex into passing harsh laws for longer sentences and to incarcerate those who would have been on probation or picking up garbage along highways.
Stalin was purging the communist party officials and non-commmunist party members, and used this system to repress peasants. There have been many instances in the US where groups of blacks who are usually democrats have been wrongfully arrested and forced to take a plea for a felony charge, then they can't vote, thereby decreasing the numbers of democrats in the voting pool. Some of the prisoners are political prisoners. I know this to be true because I was wrongfully imprisoned because of politics. This also keeps them from getting social services and jobs, insuring they will end up in and out of prison.
Considering the other things going on in this country, really the only difference is there is heat in most of our prisons.
What's that old saying about the laws being equal in that they prevent both the rich and the poor from sleeping under a bridge???
And...Are considered "very savy business men" by the President.
a psychological evaluation deemed him bipolar and unable to control his impulses to steal
So once again we use the prison system to 'care for' the mentally ill. Great! I wonder what sort of 'care' he will get. The last place he needs to be is prison, but since there seems to be no money or interest related to treating him the FIRST place to be considered is prison.
Oh...a passing troll just asked why the bunks are only three high an extra two more on top would hold more and then sling hammocks between each of the rows of 5 high bunks. More efficient use of space.
The notion of being "unable to control his impulse to steal" seems a more appropriate appellation to the Wall Street banksters and their minions in the White House and Congress.
Of course, unlike the poor wretch who will spend years behind bars, the psycopaths who control the monetary system will relax comfortably on their yachts or in their mansions in Southern France.
If he has stolen trillions of our tax dollars he would be FT's Man of the Year.
Nasaw" "As of March 2008, more than 41,000 people were in prison under the three strikes law. A 2005 legislative report estimated the law, including its application to nonviolent offences, added about $0.5bn in costs annually."
Assuming the cost of an Ivy League college education is about $50,000 per year, based on Nasaw's figures, if the three-strikes law were eliminated the state of California could send 10,000 men and women to one of these prestigious schools each year.
But, as we all know, there is big money in Amerikkka's prison industrial complex that currently has some 1.6 million people behind bars in state and federal prisons.
All this crap started when Nixon's War on Drugs kicked off in the late 60's and the Fed provided massive amounts of cash to toss Nixon's hippy tormentors in jails.
Reagan renewed the War on Drugs, as did the Bush Cartel. A huge waste.
The Judges in Ventura, Ca stood up to Gov. Pete Wilson in the 90's when they refused Wilson's order to sentence a cologne thief to prison for life. Wilson threatened, Reagan bully-style, to fire the judges.
Their reply to the repub Gov was, fire us... with the way this law is written you don't need us, anyway.
Wilson backed down.
There are those who profit from war; so they lie about WMD's.
Then there are those who profit from out-sourced commercial prisons... we call them judges.
Many of them own stock in corrections companies.
Hello??? Conflict of Interest? Ever heard of that???
This society is rotten, from the top to the bottom.
Then there are those who peep out behind the curtains of their gated communities afraid of the homeless millions massing just outside of town in tent cities... we call them right-wing voters.
This gives you the perfect recipe for a totalitarian police state.
It's been revised.
He would probably have been sentenced to life if he had stolen a box of macaroni to put that cheese on.
I can think of only one word for our way of life now - depraved. "A world of sound and fury signifing nothing.
Good point, and lucky for him it was only cheese. The concomitant theft of crackers might constitute an "aggravating circumstance" under California law. I presume that in this case, cracker-crumb residue tests were inconclusive.
With an aggressive prosecutor and an old-school Simi-Valley-style "law and order" jury, that would've been enough to put him away permanently.
· Yr Obd't Servant
From an NPR story -- March 4, 2010
A third strike carries a sentence of 25 years to life and that sentence can be imposed for any felony, not just a violent one. Some people have challenged the law — but the results have been mixed.
The Leandro Andrade Case
Take, for example, Leandro Andrade.
His last offense was stealing $153 worth of videotapes from Kmart stores in San Bernardino, according to Erwin Chemerinsky, dean of the law school at the University of California, Irvine.
Now, Andrade had had his run-ins with the law. He was a drug addict, and he had committed some residential burglaries years before. So when he stole those videos, it was a third strike, which could mean 25 years to life in prison.
But because Andrade grabbed the videos from two different Kmarts, he was prosecuted for two third strikes. As a result, says Chemerinsky, Andrade was sentenced to life in prison with no parole for 50 years.
Hey...no problem. Steal a few ounces of cheese go to jail Steal the people's money on Wall Street ...get a bonus to boot. You stupid Americans.