Many in blogtopia (yes, Skippy coined that phrase) are talking about the life sentence imposed on an Oklahoma man for spitting on a police officer. See, Eugene at Volokh Conspiracy, Ken Hammers at CrimLaw and Matt Rustler at Stop the Bleating.

All three have updated (although happily not entirely disavowed) their original criticism of the sentence, having learned that the offender had prior convictions for rape and burglary, and bit the officer when spitting on him. They point out that the life sentence was allowed by the state's repeat offender laws. Allowed, yes. Required, no. We'd point out there's a big difference.

This Houston Chronicle article makes it clear that it was not a mandatory repeat offender sentence, but rather, one imposed by the Judge, who followed the jury's recommendation, made after 15 minutes of deliberation, despite the prosecutor's and defense attorney's requests for a lesser sentence:

Creek County Associate District Judge April Sellers White followed the recommendation of a jury for the maximum sentence against John C. Marquez under a law that makes it a felony to place bodily fluids on law enforcement officers. White rejected a prosecution request for a 25-year prison term and a defense request for a four-year term.

Yes, biting and spitting is bad. But both the officer and defendant were tested for communicable diseases after the incident and both tested negative. Also, according to the officer's testimony, the biting occurred while the officer was physically attempting to restrain the defendant from spitting a second time. Thus, it was a defensive gesture.

The sentence is excessive, and we are offended that a judge would give credence to a jury who voted for life in prison after 15 minutes of deliberation given the facts of this case--especially when the lawyers on both sides asked for a lesser sentence.

Even though this isn't a three-strikes sentence, we will take this opportunity to direct interested persons to Families to Amend California's Three-Strikes, which is filled with horror stories of inmates receiving undeserved life sentences.