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Out of the debates over the Federal Omnibus Crime Act of 1994, there soon emerged a common denominator that united policy makers from all sides: the provision mandating life imprisonment without the possibility of parole for certain third felony offenders, also known as" three-strikes-and-you're-out." 1 This draconian recidivist provision, however, bore no relation to the rational ends of criminal justice policy. As commentators were quick to point out, it would neither reduce the crime rate nor mete out just and proportionate punishment. 2 Surprisingly, the irrationality of the proposed recidivist law was widely considered irrelevant. The more forthright among the provision's proponents simply acknowledged its irrationality and invoked its symbolic significance instead. The federal three-strikes law, along with its many state analogues and the new federal and state death penalty laws, were said to symbolize the …