In some counties, for example, prosecutors seek Three Strikes enhancements only in certain cases, such as for certain types of crimes that are particular problems in their county or where the current offense is serious or violent.
After the hype leading to the institution of these laws across the country, it soon became apparent that they were not bringing the results the public expected.
As Reynolds sees it, a statute passed by the Legislature is one thing. The primary reasons for the difference between early estimates and the fiscal impact that has actually occurred are 1 the use of judicial discretion to dismiss prior strikes, and 2 variation among counties in how often they prosecute offenders under the Three Strikes law.
For example, the percentage of crimes that are serious or violent can vary from county to county, thereby resulting in differences in the percent of offenders who are eligible for prosecution under the Three Strikes law.
Thus, the manner in which the law is implemented at the local level by prosecutors and judges varies across counties. In addition to direct prison costs, the Three Strikes law may have also had indirect fiscal impacts on state and local governments.
Based on discussions with representatives of the courts and district attorneys offices, we conclude that local county justice systems have developed various strategies for handling their Three Strikes caseloads, based on different policy priorities and fiscal constraints.
As a result of the drop in plea bargaining in many jurisdictions, prosecutors and public defenders expect a significant increase in the number of jury trials. The average age of the inmate population has risen from 32 to 36 since Since juveniles are not given jury trials, this is viewed as a serious flaw.
In other counties, prosecutors seek Three Strikes enhancements in most eligible cases. Yet nearly every politician in the state embraces it--and the few who have doubts keep quiet. The purpose of creating these specialized caseloads, according to the department, is to allow parole agents to more closely monitor these parolees and provide services that could assist in preventing parolees from reoffending and receiving third strike convictions.
Thus, as the third striker population grows and ages-probably at least until the overall prison population will likely grow older, as well. The number of lifer hearings is projected to more than double from about 4, held by the Board of Prison Terms in In addition, because third strikers are serving indeterminate sentences, it is not clear when they will be released from prison.
The purpose of creating these specialized caseloads, according to the department, is to allow parole agents to more closely monitor these parolees and provide services that could assist in preventing parolees from reoffending and receiving third strike convictions.
We found that most of the data collected during the months since implementation of the law may be reflective of the difficulties of implementation rather than suggestive of the ongoing impact of the measure. Once third strikers become eligible for parole consideration, this will likely create significant additional workload and require additional resources for the board.
The impacts discussed above are having spin-off effects on county jail systems. As regards prison construction costs, the state has not built any new prisons specifically for striker inmates. The early implementation of the Three Strikes legislation indicates that there are a number of issues that the Legislature, Governor, and local officials will need to address in the coming months and years.
A more significant impact of this backlog, however, may be on civil cases where more courts are diverting their resources from hearing civil cases to hearing criminal cases.
For example, some offenders who are incarcerated for longer periods under Three Strikes are unable to commit additional crimes that result in victim-related government costs for example, health care costs.
Reynolds, a Fresno wedding photographer who buried his daughter when she was 18, trusts almost nothing that goes on in the state Capitol. The study concluded that the three-strikes policy was deterring recidivists from committing crimes.
Since aboutthe CDCR has altered how it supervises parolees who have two or more serious or violent felony convictions on their record-those for whom their next felony conviction would make them eligible for a third strike sentence.
In reviewing the characteristics of offenders charged and convicted under Three Strikes thus far, we found the following: United States[ edit ] Some states, such as California, have seen dramatic drops in their crime rates since the enactment of the Three- Strikes Law.
As a consequence of the large numbers of Three Strikes offenders awaiting trial, some counties have released more sentenced inmates in order to stay within their court-ordered population caps. Texas has had a three-strikes with mandatory life sentence since at least The aftermath of the Klaas killing galvanized the public.
Violent and serious felonies are specifically listed in state law. He arrived for the debate in San Ramon at night, by plane piloted by a friend, having begun the day with a morning talk show appearance in Fresno and a lunchtime forum before judges and lawyers in Visalia.
Arizona Application[ edit ] The exact application of the three-strikes laws varies considerably from state to state, but the laws call for life sentences for at least 25 years on their third strike.
The aging of the prison population over the past decade has the potential for significant fiscal consequences. Examples of specific issues include: Of the offenders convicted of a second-strike, about or approximately 19 percent, were for a violent or serious offense.
One way to gauge the extent to which prosecutorial and judicial discretion is used in the application of the Three Strikes law is to examine the rate at which strikers are sent to prison from various counties. The primary reasons for the difference between early estimates and the fiscal impact that has actually occurred are 1 the use of judicial discretion to dismiss prior strikes, and 2 variation among counties in how often they prosecute offenders under the Three Strikes law.
Additionally, some juries have refused to convict persons for relatively minor felony offenses which would have resulted in longer prison sentences under the Three Strikes law, and some victims of crime have refused to cooperate and testify in such cases.
California Elections: PROPOSITION 'Three Strikes': A Steamroller Driven by One Man's Pain October 17, | DAN MORAIN | TIMES STAFF WRITER SAN RAMON, Calif. — Propositionthe "three strikes" initiative on the Nov. 8 ballot, would make no change in the law. A Primer: Three Strikes - The Impact After More Than a Decade Contents.
Background. The law was enacted as Chapter 12, Statutes of (ABJones) by the Legislature and by the electorate in Proposition As its name suggests, the law requires, among other things, a minimum sentence of 25 years to life for three-time.
Arguments for: Major proponents of Proposition include the National Rifle Association, the California Correctional and Peace Officers' Association, and Michael Huffington, all sponsors with lots of money. THE AMENDMENT OF THE THREE STRIKES SENTENCING LAW.
J. RICHARD COUZENS. Judge of the Superior Court on November 8,the voters approved Propositionwhich enacted a second version of the law by adding section Prior to the enactment of Proposition 36, the essence of the Three Strikes was to require a defendant law.
Proposition 36, a Change in the "Three Strikes Law" Initiative, was on the November 6, ballot as an initiated state statute, where it was approved.  Proposition 36 modifies elements of California's "Three Strikes" Law, which was approved by the state's voters in California Propositionthe Three Strikes Sentencing Initiative, was on the November 8, ballot in California as an initiated constitutional amendment.
The measure was approved. The measure was designed to increase prison sentences for repeat offenders.Californias proposition 184 three strikes and