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Monday, July 07, 2008
Debra J. Saunders :: Townhall.com Columnist
Escaping the Myth of 'Three Strikes' State Prison Law
by Debra J. Saunders
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In 1994, Californians saw a state criminal justice system that too often let the worst criminals out of prison to wreak destruction and hurt the innocent, only to be sent back to prison for worse crimes. Fresno parent Mike Reynolds had been pushing Sacramento to pass a "three-strikes" measure after the murder of his 18-year-old daughter, Kimber, during a robbery in 1992. Then the rape and murder of Petaluma 12-year-old Polly Klaas -- kidnapped from her home by another violent career criminal -- confirmed the voters' worst fears.

The public was ready. The Legislature was afraid. And both Sacramento and California voters passed tough three-strikes measures. This being California, there was a pro-criminal lobby that warned against the law, which mandated a 25-year-to-life term for the third offense for criminals who had already committed two serious or violent felonies. It also increased penalties for a second strike.

Longer sentences for career offenders? Horrors.

Critics duly seized on state Department of Corrections forecasts, which ominously predicted that within five years, the prison population would more than double, from 124,813 to 245,554. The state would have to build 20 new prisons just to keep up. Within three years, opponents charged, prison spending would outstrip state spending on higher education.

Almost 15 years later, it turns out many of the so-called experts were wrong -- and the voters were right. In approving the tough-on-crime measure, California residents didn't have to pay for an inmate population explosion or a bunch of new prisons. What voters got instead was a law that, for the most part, has worked the way it was supposed to.

Fact: California's inmate count was 171,444 last year -- far below the grim projections. In part because other prisons already were in the works by the time voters approved three strikes, Sacramento authorized and completed not 20 new prisons in five years, but only one new prison in the past 14 years. And that happened while the state population grew from 33 million to 38 million.

Yet critics won't even admit they were wrong. What's worse, they want the public to believe that their horror stories actually came to pass. Every few years, lacking solid statistics, they throw out anecdotes -- like the repeat offender who was sentenced under three strikes after snatching a pizza from a group of children -- to argue that a draconian law has turned California into The Prison State, where petty criminals routinely are put away for life.

Why? Because they don't believe in harsh sentences for career criminals. They want repeat offenders to do long time on the installment plan.

State Sen. George Runner, R-Lancaster, decided to fight back -- with facts. His office put together a seven-page paper, "Who Is In Our State Prisons?," that debunks many of the oft-repeated three-strikes misinformation that paints California as a state that over-incarcerates. The paper points to a study released in February by the Pew Center's Public Safety Performance Project, which placed California in the middle quintile of American states in terms of inmates per capita. For the record, the Pew Center has been critical of three-strikes laws.

Think that California prisons are teeming with petty offenders? Think again. The Runner paper cites a federal survey that found that 47 percent of California inmates were repeat violent offenders, and 33 percent were repeat nonviolent offenders. Most of the rest were first-time felons who had committed crimes against people. Think murder, manslaughter, robbery, assault, rape, other sex offenses or kidnapping. California's crime rate fell dramatically after three strikes passed.

In 1993, the year before voters approved the measure, the FBI ranked California fourth among the states for total crimes per 100,000 people; in 1999, the murder rate had been cut in half, and California's crime rate had fallen to 29th place.

As far as Runner is concerned, long penalties have made California safer. The three-strikes law, he said, "keeps people in prison longer. It also makes people's behavior change."

Runner aide Charlie Fennessey points to burglary convictions as proof that criminals have changed their behavior to keep up with the changed laws. After 1994, he found, some crimes -- second-degree burglary and car theft, which are not three-strikes offenses -- increased to earlier levels, but first-degree burglary, a three-strikes crime, remained flat.

"There's no rational explanation as to why the trends in burglaries would be bifurcated," Fennessey said, "unless it had something to do with the penalties."

Adam Gelb of the Pew Center provided an alternative explanation. Although he has not studied California's three-strikes law, he noted, "There is a very common occurrence in courtrooms across the country. It's called 'losing the gun.'" The theory is that criminals are behaving as before, but officers of the court are charging criminals for lesser offenses to avoid third-strike overkill.

"There's no evidence that anyone on the street knows the going rates for what their sentence is going to be or how those punishment rates have increased or decreased over time." Gelb said.

"To say that three strikes has worked, the question is: Compared to what? Since there is so little evidence in any context that longer punishment acts as a general or a special deterrent, it's hard to say that California taxpayers have gotten their money's worth and could not have prevented more crime with a variety of strategies."

Michael Rushford of the Criminal Justice Legal Foundation in Sacramento conceded that some prosecutors may be undercharging to avoid the longer sentences for repeat offenders. But many prosecutors are not. And the Runner report shows that the three-strikes law has locked up career criminals -- which means that voters got from three strikes what they wanted. Seth Unger of the California Department of Corrections and Rehabilitation told me that more than 1,000 third-strikers entered California prisons in 1995-96, but only 294 third-strikers entered the system 10 years later. Something has changed. Said Unger, "What three strikes was designed to do was cut down on the churning of the prison population. We know that people (who are third-strikers) are not going to be coming back anytime soon through the front gates, because they're not getting released." When "three strikes" was put on the ballot in 1994, I voted no because I believed that the third strike should apply only to a serious or violent offense. I, too, believed that low-level offenders, not career criminals, would be locked behind bars for decades for petty crimes. So why can't other critics just admit they made a mistake? "The fundamental reason that critics of tough criminal penalties cannot come to grips with the facts is their unshakable belief that longer sentences inevitably increase prison population," the Runner report said. As if on cue, a February Pew paper asserted that laws like three strikes drive up the prison population. "Opponents of tough criminal laws cannot accept that penalties deter crime," the Runner report said. It's that simple. It appears that petty criminals have either left the state or changed their ways. If they committed crimes, some at least committed different crimes. And when some small-time thug did get nicked for a small crime, it turned out the guy had a host of priors and couldn't stay out of prison to save his life. Rather than celebrate the fact that California prisons are protecting the public by keeping violent, serious and repeat offenders behind bars, some California policy leaders actually want to neuter the three-strikes measure or even get rid of the law. Perhaps the three-strikes supporters should follow the example of their opponents: Argue that if we get rid of three strikes, not only will crime surely go up, but worse, we'll also have to build 20 new prisons. We'll start to spend more on prisons than we spend on higher education. If we get rid of three strikes, the prison population will explode. And this time, the dire predictions might turn out to be true. E-mail Debra J. Saunders at dsaunders@sfchronicle.com. To find out more about Debra J. Saunders, and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com. COPYRIGHT 2008 CREATORS SYNDICATE, INC.

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The7Sticks

Innocent by reason of mental disease or defect.

Look at what is rather than what might be. Fear is a ruthless master. It will send you further and further afield in search of the security you can never aquire.


animalgirl
Paying for their addictions is where they come to have the problem. Those who sell to maintain their habit are also violating others by getting them addicted. Compassion for a person like that?

If these people are interested in fighting despair they must get help for themselves and not wait for the law to put them back into prison.

Now get rid of cruel and unusual
The concept that a punishement could be considered cruel or unusual after a victem has been assaulted is ... I havn't words.

A victem does not take an action which the law says there will be "x" result. The victem has the action forced on them. When one is violated the memory is a prison term. An act forced on another is cruelty and to many times the act is most unsusual, lest one think rape or other physical assault common place.

Is taking a life so unusual in our society? What happens in war? The death penalty is not unusual. When the person has the knowledge that should they commit a crime which has the result they forfeit their life it is not cruel. The cruelty is when one chooses to take the life of another to satisfy themselves or to cover for another crime.

It is curious to think society can considers it justice and not cruelty to lock someone away for the remainder of their days without any possible parole.


7Sticks
You come up with a good example.

A full ONE THIRD of the people who are locked up in California are locked up for repeat nonviolent offenses: read, they are people struggling with drug addiction. Locking these people up is idiotic; it actually makes drug problems worse (time incarcerated makes it harder to get a job or lead a normal life, cycling people back into drug dealing, as the only way they can now make a living, or more drug use, as they battle despair.

People who advocate locking people up nonviolent offenders for life are foolish at best, evil at worse. They are utterly lacking in compassion for those who struggle. Far too many people are locked up in this country. How can we say we are a 'free' country when we imprison more people than China or Syria?

3 Strikes: The Most Evil Law Ever
I am so sick of these reprobates, like George Runner, who keep making these excuses of "Oh, we just want to protect people and children from criminals." You're not help[ing anyone if they are parents and they are taken away for life from their children. I should know because my father had been tried for attempted robbery twice in his youth, and even though he has long since rehabilitated and is living quietly in retirement, he can still go to prison for the rest of his life if he ended up stealing something by mistake. And it very well could happen because he is suffering from the beginning stages of Alzheimer's Disease, which is wreaking havoc with his mind. He can't remember where he puts our rent check or jis teeth, and he's liable to flip out like the Incredible Hulk.

The three strikes law is nothing but one of the most evil, vile, dispicable laws ever created by man (I can't believe it was created by man because it seems more like the work of Satan.) I certainly hope George Runner reaps what he sows for the crimes he has committed against humanity by writting this law and that godforsaken Jessica's Law, another evil, despicaple law.

It just boggles the mind how insane my state can be to bring in pernicious losers like Herr Gropenfuher and Sen. Runner. I'll take Gray Davis over them any day.

far too many prisoners
I noted in a comment to another article that no crime I have been a victim of has ever been solved -- yet prisons are teaming with thousands of drug offenders. Many others are in prison for violating parole/probation for a drug offense (like moving without permission). A free society cannot arbitrarily lock up so much of its populace (no rich drug dealer/user that I ever knew got arrested). We focus our attention on drugs rather than tough crimes to solve -- where the victim does not know the perp.

Those who
want leniency for criminals always use the "what if" excuse rather than the "what is" facts.

Well, paranoidmystic
"we just want judges to be able to apply it where appropriate and not be bound by it when it's unwarranted."

We (I'm a Californian) wouldn't have needed the 3 strikes law in the first place if we'd been able to trust to the judges' discretion. "No exception" style rules get implemented when it's been demonstrated that trusting to good judgment (pun intended) has failed.

Vic has the right idea
The real problem with our justice system is the criminalization of personal drug use -- it's nonsensical and totally classist & racist.

As for long sentences creating career criminals, that's a no-brainer. Read the *excellent* book by Jack Black "You Can't Win" for insight into how the system guarantees repeat offenders.

Oh, and check these statistics if you really believe, as the article alleges, that overcrowding is a myth:

http://www.fdungan.com/prison.htm

...but seriously, is anybody buying this article's assertions? Californians aren't trying to "neuter" 3 strikes, we just want judges to be able to apply it where appropriate and not be bound by it when it's unwarranted.

aurorawatcher
Your state locks up people for defending themselves and other people living "ordinary lives" and doing "normal" activities so therefore, we should not have jail sentences for anybody? We shouldn't give persons who commit not one, not two, but THREE felonies a longer sentence because it's not their fault? After all, going to jail made them into the repeat offender that they are?

Why don't we just let everyone out of prison and just have anarchy?

aurorawatcher
Your argument is not that long sentences are ad, it's that in your State they are locking up the wrong people.

Understanding the real situation
I'm going to be the minority here, but then, so would Charles Colson, who has real statistics and experience to back up his assertions.

Longer sentences create career criminals. Alaska has one of the toughest determinant sentencing systems in the country, so we see a lot of what really happens. There is no such thing as parole in Alaska and our sentences are among the longest in the country. So, you can expect that our state, being a small population state, would have a dramatic decrease in crime, but not so much. First, it's remarkably easy for a guy living an ordinary life to find himself in prison for a half-decade or so for what most people would consider "normal" activities -- like defending oneself against a mugging (you may only do that in your own home, according to prosecutors -- take it to the jury and you'll be acquitted, but you'll need $20,000 upfront for a good lawyer, so good luck). The longer the sentence, the harder to get a job when you get out, even if you were a highly-skilled tradesman before your incarceration, and the more likely you are to realize that becoming a marijuana grower is more lucrative than being a janitor. Also, according to the director of the local juvenile hall (he's on the board of the agency I work for), there is a direct correlation between the length of the father's incarceration and the statistical probability that his children will be incarcerated. Barnard has the statistics that show it is actually less likely that the children will be involved in the criminal system if the father's sentence is shorter and his family remains intact. When Dad goes to jail, Mom gets two or three jobs to support the family and the kids essentially lose both parents, so why not get into trouble?

In Alaska, our jails are filled with ordinary people who made mistakes, while our streets are still infested with the guys who mugged them. It's not a simple situation and there are no simple answers.

Vic
I totally agree with your point about minor drug usage.
(Not that I disagree with the rest.)

LOL, SVP

Hell, as far as I'm concerned we can do the "Escape from New York" thing.

Stick 'em on a walled island and chopper in food once a month.


For BrianR
An amendment to your idea: how about making the prisons with "developping-world" conditions? Potential benefits:
(1) for non-lifers, reduces recidivism--as they will be unlikely to want to go back to such
(2) for lifers, makes their stay both worse and shorter

Three Strikes
Is well-named, especially here in Ohio.

Because like its equivalent in baseball, before the "guy at bat" gets called out by the judge, there are usually a lot of "balls", "fouls", and "walks" involved.

"Losing the gun" being a very popular "walk". I can't remember the last time that a felon charged with a violent crime (robbery, murder, etc.) with gun specifications in Columbus actually saw the gun charge show up at trial.

This is why here in Lancaster, we see so many "Columbusites" showing up for arraignment on ADW, etc., who have four or five probations running simultaneously on their home turf.

Like the death penalty, "three strikes" is only a deterrent if the felons believe that it actually will be applied.

And up to now, those "enlightened ones" who view criminals as "victims of society" and/or "front-line soldiers in the war against a repressive society" have been very successful in preventing exactly that.

cheers

eon


The answer is simple
Remove all the laws against drugs and turn lose the non-violent drug offenders. Lock up all the violent criminals for a long time. 25 years is too short for 3-time violent losers, make it 70 years. Murderers and rapists get the death penalty within 1 year of conviction.

I don't see the problem

with filling the prisons, anyway.

If we fill the prisons... then build more. If every career criminal ends up in prison for life, well... then they're not out on the streets, are they?

And ultimately they'll die, either lowering the prison population, or at least making room for the next shift.

Let's just be logical, put the crying towels away, and lock the b**tards up.

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