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Should the people of California have to worry about being murdered, kidnapped, sexually assaulted, or robbed while spending an average day in their homes, offices, or on the street? It's a sad fact, but the high rate of incidence of criminal activity validates a citizen's concern. In the FBI's 1994 annual report, it was stated that "a realistic chance of murder" faces every American citizen in his or her lifetime (The Thinker). Fed up with this possibility and full of media coverage about average Californian families being attacked by criminals who should have been locked up in jail, Californians decided to protect themselves and made legal history by passing and implementing a landmark state initiative, Proposition 184. Better known as the Three-Strike Law, Proposition 184 records "strikes" (like the "points" for traffic violations on a driver's record) against criminals who commit and are convicted of serious felonies. However, after the second strike has been issued against the record of one individual, any felony committed by that individual, no matter how minor, counts as a third strike. Once a criminal has received three strikes, the law requires the criminal to be sentenced to a minimum sentence of twenty-five years to life in a state prison. "Three strikes, you're out!"
During the 1970's, 1980's and into the early 1990s, the public voice demanded that victims' rights should be remembered by the criminal justice system. To many people it seemed that the media always would build sympathy for even the most violent criminals, describing the problems they suffered as children, the dreadful addictions that had led them into a life of crime, or the abuse or discrimination they had experienced from society. But the media hardly gave the public insight into the pain felt by the families of their victims. When it became obvious that many of the most violent crimes were being committed by repeat offenders, Californians decided it was time to express their distaste towards California's leisurely attitude toward criminals by putting criminals in jail for good.
The Three-Strike law appeared to be a sure-fire way to prevent murderers, child molesters, armed robbers, and other felons convicted multiple times from being let off the hook with a shortened prison sentence, an early parole, or some other means of avoiding a lengthy term behind bars. When the public could expect to see a criminal who had been convicted of a serious felony for the second time sentenced to nine years in prison and know he/she would be paroled in half that time, a desire for change in the system became overwhelming. It was a costly decision to put all three-strike criminals in prison for twenty-five years to life, but it was agreed that it was better than having to deal with the possible deaths that would probably occur as a result of them being free.
Mike Reynolds, author of Proposition 184, learned through the violent murder of his daughter that the California legal system did not exact punishment to fit the crime. When one of the men who killed Kimber Reynolds during a "purse snatching" was convicted and sentenced to nine years in jail, Reynolds left the "silent majority" of Californians who were disgusted by the actions of the criminal courts and led a campaign for justice. Some critics argued that his proposed law was "too harsh." Mike Reynolds disagrees. He responded to this criticism in a "60 Minute" interview saying: "If you're not prepared to lock up criminals, you're not prepared to fight crime"("60 Minutes," 5/7/00). Reynolds also says that his law has prevented more than a million crimes and has saved 21.7 billion dollars that would have been spent towards the victims. Secretary of State Bill Jones believes that the Three-Strikes law is responsible for a fifty-one percent reduction in California's homicide rate. (State saved$21.7 billion with five-year-old "strikes" law)
Some argued the Three-Strikes law is unfair because it disproportionately effects minorities and the poor. No, minorities are not imprisoned because of discrimination within the legal justice system. In 1987, the U.S. Supreme Court ruled in "McCleskey v. Kemp" that even though statistical evidence may show that a law has been applied resulting in the conviction of a high number of members of specific minority groups, this evidence does not prove that there was an intent to discriminate. ("The Thinker on the Web," Josh Rosenblum, Stanford Sophomore) In other words, if there are more members of certain ethnic backgrounds in prison, it may be because they have committed and been convicted of more crimes than members of other ethnic backgrounds. One could argue all the socio-economic reasons that may impact the statistics, but this is not a problem that should be solved by taking the teeth out of the laws that protect the law-abiding citizens.
Proposition 184 does not and cannot solve all of the problems inherent in our justice system. Perhaps it needs a little tweaking in the area of judicial discretion in order to prevent a minor third offense from being the straw that sends the camel to prison for life. Still, it strikes a blow for the rights of victims and offers a stronger protection for all of us against dangerous criminals who might otherwise be returned to the streets.
Sourcebook of Criminal Justice Statistics - presents data related to the characteristics of the criminal justice system, the public's attitude toward crime, demographics of offenders, judicial processing of defendants, and more. |
The California Criminal Law Observer: The Three "Strikes and You're Out" Law The Three "Strikes and You're Out" Law. In 1994 California voters approved a ballot initiative known as "Three Strikes and You're Out." Basically what it means is that... 1994 California Voter Information: Proposition 184. Three Strikes. - Official Title and Summary Prepared by the Attorney General 1994 California Voter Information: Proposition 184. Three Strikes. Increases sentences for defendants convicted of any felony who have prior convictions for violent or serious felonies... Three strikes law saves billions...-as presented by Bay Insider. com. The Thinker: Three Strikes Law - student reactions to the law. Anatomy of a Murder: A Trip Through Our Nation's Legal Justice System - fictional account of a defendant's criminal prosecution with detailed information about the process of the justice system. |
Bureau of Justice Assistance - supports innovative programs that strengthen the nation's criminal justice system by assisting state and local governments in combating violent crime and drug abuse. |
 This is a picture of Polly Klaas. Polly Klaas was kidnapped
and murdered by repeat offendor Richard Allen davis on October 1, 1993.
Her story was followed closely by the media nationally and played an important
role in encouraging Californians to pass Proposition 184. |
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