Weakening Three Strikes
Letters to the Editor
April 07, 2006
Senator Poochigian claims the three-strikes law has been an effective crime fighting tool yet offers no study or proof of it. The fact is that every study ever written on three strikes such as those conducted by the Washington D.C. think tank, Justice Policy Institute, or the State Fiscal Analyst offices shows that the three-strikes law is not a deterrence to crime. It has filled our prisons to over 200% capacity with strikers second and third making up 26% of the prison population. Each inmate now costs $36,000 dollars to incarcerate per year.
The argument that judges and district attorneys have significant amounts of discretion is also flat. It is a “wheel of fortune” for the accused as some counties rarely use the three strikes law for non-violent offenders while others use it widely. It also depends on the judge and the district attorney.
The statement Senator Poochigian makes about previously convicted serious or violent felons being released onto our streets is just not true. No one will be released under SB1642. Each eligible inmate must file a motion to be re-sentenced and no one with a violent third strike, such as rape, murder, or child molestation, will be eligible. No one with a third strike for even burglary will be eligible either. It will be up to the judge to re-sentence each inmate to a time that fits the crime committed.
Senator Poochigian also claims that he and Senator Margett voted against SB1642. But the record shows only Senator Poochigian voted against it. Senator Margett either abstained or was absent.
There are hundreds of cases that have been published over the last 12 years in newspapers up and down the state of non-violent offenders being struck out over minor crimes such as shoplifting and simple drug possession. Over 300 of them were for shoplifting and over 600 were for drug possession. It is not “rhetoric” as he claims.
SB1642 would eliminate some crimes as third strikes, but not as crimes. Those convicted would still be considered second strikes and would still have their sentenced doubled. They just would not be given life sentences as any felony still qualifies as a second strike.
It is fair that the public not be misled about a law that has cost the state billions of dollars and which has lead to life sentences for petty crimes and drug addicts.
Frank Courser
Escondido
The argument that judges and district attorneys have significant amounts of discretion is also flat. It is a “wheel of fortune” for the accused as some counties rarely use the three strikes law for non-violent offenders while others use it widely. It also depends on the judge and the district attorney.
The statement Senator Poochigian makes about previously convicted serious or violent felons being released onto our streets is just not true. No one will be released under SB1642. Each eligible inmate must file a motion to be re-sentenced and no one with a violent third strike, such as rape, murder, or child molestation, will be eligible. No one with a third strike for even burglary will be eligible either. It will be up to the judge to re-sentence each inmate to a time that fits the crime committed.
Senator Poochigian also claims that he and Senator Margett voted against SB1642. But the record shows only Senator Poochigian voted against it. Senator Margett either abstained or was absent.
There are hundreds of cases that have been published over the last 12 years in newspapers up and down the state of non-violent offenders being struck out over minor crimes such as shoplifting and simple drug possession. Over 300 of them were for shoplifting and over 600 were for drug possession. It is not “rhetoric” as he claims.
SB1642 would eliminate some crimes as third strikes, but not as crimes. Those convicted would still be considered second strikes and would still have their sentenced doubled. They just would not be given life sentences as any felony still qualifies as a second strike.
It is fair that the public not be misled about a law that has cost the state billions of dollars and which has lead to life sentences for petty crimes and drug addicts.
Frank Courser
Escondido