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Three Strikes You

’re Out Law Essay, Research Paper


We have all heard of the newest anti-crime


law, the “Three strikes and you?re out” law. It wasn?t easy getting this


law from the bill stage in Sacramento to the law stage, because it is not


a criminal friendly law. Meaning that this law?s purpose is to bring pain,


suffering, and intimidation to criminals. Our state government was basically


ran by the Assembly Speaker Willie Brown, now mayor of San Francisco. Brown


had the power to choose who sat on what committee in the house, and using


this he could terminate any bill he did not agree with. And with this attitude


it took a lot of patients and perseverance by the people trying to pass


this bill. But how did the bill become a bill? I will answer this question


with help of the Kimber Reynolds story.


Monday, June 29, 1992 in Fresno, California


a young woman was brutally murdered outside The Daily Planet, a restaurant


patronized by the local young people. The girl was visiting home for the


summer after being in the Los Angeles area attending school. Her and a


friend were getting into their car when two guys on a motorcycle rode up


next to Kimber Reynolds blocking her in, taking her purse, and beating


her into submission. The story made the 11 o?clock news only minutes after


her father had gone to bed. When police ran a background check on the two


suspected men, Joeseph Micheal Davis and Douglas Walker, both men had recently


been released on parole with multiple offenses on their records. Unfortunately


Davis was never brought in because when police were attempting to arrest


him he began firing, wounding unsuspecting police officers and ultimately


being killed. Douglas Walker was convicted of accessory to murder.


Mike Reynolds, Kimber?s father, went on


the radio on a local radio show called the Ray Appleton Show, KMJ 580.


There he would discuss his outrage about how he was sick of repeat offenders


being locked up only to be released after a fraction of the sentence was


completed. He swore to the people listening that he was going to do something


about the problem, even if it takes him forever. Listening to that show


was Fresno Assemblyman Bill Jones (R). He was interested in the issue and


arranged a meeting with Mike. They discussed ideas about how they could


solve this problem.


With that in mind Mike used some connections


and gathered one superior, one appellate, and one municipal court judge,


as well as a well-known local defense attorney, a representative from the


Fresno Police Department, an expert in juvenile justice and Ray Appleton.


The men did some research and drew up some ideas. Their final legislative


proposal was as follows:


Double the sentence for a conviction of


any felony if there is a previous serious or violent felony conviction.


Triple the sentence or twenty-five years


to life, whichever is greater, for any combination of two prior violent


or serious felony convictions coupled with any new felony.


Probation, a suspended sentence, or a commitment


to a diversion program as a substitute for serving time in prison is prohibited


for felons with at least one prior conviction of a serious or violent felony.


Any felon with at least one prior serious


or violent felony conviction must serve any subsequent felony sentence


in a state prison (as opposed to a county jail).


Terms are to be served consecutively, rather


than concurrently.


Maximum allowable time off for good behavior


is reduced to 20 percent.


Juvenile convictions for serious of violent


felonies count as prior convictions if the felony was committed when the


juvenile was sixteen or seventeen years old.


When a defendant has at least one prior


conviction for a serious or violent felony, the district attorney is required


to plead and prove all known prior felony convictions. Prior felony convictions


cannot be used as part of a plea-bargain.


Now that Mike had the proposal he had Bill


Jones submit it to the state legislature. Right away the bill was sent


to the Assembly Public Safety committee to be approved. This committee


is known as a killer of tough-on-crime bills, and consisted of eight members,


Paula Boland, Richard Rainey, Tom Umberg, Tom Bates, John Burton, Barbara


Lee, and committee chairman Robert Epple. Both Boland and Rainey were Republicans


while the rest were Democrats, and one vacant seat due to unknown reasons.


This committee was moderate or even moderately conservative, but because


Willie Brown had the power to choose members of the committee he chose


those people whom he thought would sway the vote towards a liberal direction,


which did not reflect the philosophy of the whole assembly. Mike also had


asked Fresno Assemblyman Jim Costa (D) to be a co-author of their proposal,


Mike wanted a bipartisan approach to the legislature. Meaning he wanted


to have both major parties represented in the proposal.


The men had two Republican and two Democratic


votes in their favor and only needed one more

vote to pass, but unfortunately


they did not get that one vote because Brown set up the committee and didn?t


want a tough-on-crime bill. Berkeley Assemblyman John Burton gave Jones


an option to re-write their proposal the way he sees fit, or have the proposal


taken from the floor again and put to another vote. The problem with the


latter was that if it failed again there would never be another next time.


Jones and Mike Reynolds did neither of the two, their mission now was to


take it straight to the people of the state and find out what they think.


The two men did exactly that, paying for


publicity out of their own pockets. Eventually they did get corporate assistance


from organizations like the NRA (National Rifle Association) and the CCPOA


(California Correctional Peace Officers Association), as well as others.


Their efforts would not be fruitless because they knew that if they could


get enough signatures that the proposal would be put on the November, 1994


election ballot. The men had hundreds of thousands of signatures that lead


to the induction of the proposal to the ballot as “Prop 184.” The men made


a few minor changes to the proposal but in the end it basically read as


before. The men knew they had to keep it simple because they knew people


would not vote for something they could not understand.


There is a lot of talk about serious and


violent felonies in the law and there are certain offenses that must be


met in order to qualify as a serious or violent felony. The felonies that


would fall under both categories would be those that are beyond misdemeanors


and/or carry an extensive sentence.


With the passage of “Three strikes” some


argued that it would ignite an increase in violence against law enforcement


officers, putting them in danger as they tried to maintain public safety.


The American Civil Liberties Union argued that criminals facing a life


sentence if they were to be convicted would be far more likely to resist


arrest, assault officers and kill witnesses. Since the enactment of the


law violence against law enforcement officers has not risen but fallen.


In the three years prior to the law assault against law enforcers dropped


14.9% while since the enactment it has dropped 11.9%, setting a downward


trend.


Some studies have argued that the population


of prisons and jails will rise substantially because of the increased prison


sentences, limitations on the ability of repeat offenders to earn credits


to reduce time, and prisoners required to be sentenced to prison rather


than jails. Despite predictions to the contrary, the growth in the prison


population since the enactment has slowed. In the four years prior to the


law the prison population increased by 37%. Since the enactment the prison


population has grown only 32%. That is near the percentage for the nation


at 27% excluding California. While jail populations have increased during


this era, the average number of persons booked over this period has dropped.


The average number of people booked per month in county jails hit a record


low in 1995 with 97,589. This is because 6% of criminals are responsible


for 70% of all crime.


During the debate over the “Three Strikes


law, opponents argued that the prison system would become overfilled with


non-violent offenders serving life terms. Trying to prove this true a study


conducted by the Center on Juvenile and Criminal Justice in 1996 concluded


that 85% of the people sentenced under the “Three Strikes” law received


their third strike for a non-violent crime. It reported that 192 individuals


were convicted of marijuana possession while only 40 were convicted of


murder, 25 of rape, and 24 of kidnapping. At the end of 1997, California?s


inmate population totaled 152,577. 23.2% of the inmates (35,411), were


imprisoned for second- and third-strike convictions.


There were repeated warnings about the


cost to implement the new law, but few have addressed the other side of


the equation and the savings to the state, in lives and in dollars. Had


our 1993 crime rate continued unaffected over these past few years, nearly


815,000 additional crimes would have been committed in California, including


217,000+ violent crimes. We would have suffered more than 4,000 homicide


victims; 6000+ women would have been victims of rape. Also the savings


in dollars is between $5.8 billion and $15.5 billion since the enactment


of the “Three Strikes” law.


There has been swift and dramatic impact


on crime since the enactment of the “Three Strikes” law. The crime rate


has dropped more than 30%. But there are other factors that play a part


in this reduction like crime prevention, and community policing. However


there has been a significant drop in the crime rate. Also the predictions


about cost, over populating and others have not come true. With all of


the opposition out there trying to tear this law down I believe that California


can not afford to do without this law because it is saving our state money


and lives.

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