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December 21, 2011

"California Prisons Can’t Afford Costly Three Strikes Law"

The title of this post is the headline of this editorial from the Bloomberg editorial board.  Here is how it begins:

The costly mess that is the California prison system has produced inmate strikes, violence and a Supreme Court ruling that its teeming institutions are unconstitutional.  Now it may produce a welcome byproduct: justice.

Last week, the state gave the go-ahead to a proposed ballot initiative to modify California’s “three strikes” law, enabling backers of the initiative to begin gathering the signatures necessary to put it to a vote.  Approved by voters in 1994 after the kidnapping and murder of 12-year-old Polly Klaas by a career criminal, the law reflected the public’s frustration with pervasive and seemingly ever-more-violent crime.

Two dozen other states adopted three-strikes laws as well, but none is as indiscriminately punitive as California’s, which allows any felony to qualify as a third strike.  The state has imposed sentences of 25 years to life for third strikes such as shoplifting a pair of socks and prying open the door to a church food pantry.

Many of the more than 8,000 prisoners serving third-strike sentences in California are hardened, violent criminals who have earned lengthy terms, or life, behind bars.  Their sentences would not be shortened by the ballot initiative.  But more than 3,600 third-strikers have committed crimes that were neither violent nor serious.  In addition, local prosecutors and judges exercise broad discretion on third-strike sentencing, producing vast disparities among the state’s counties.

The original three-strikes law was written too broadly to provide just punishment in the thousands of circumstances it covers.  With the state buckling under the strain of chronic budget deficits and a sagging economy, it is now too expensive to maintain.  According to the state auditor, the cost of imprisoning nonviolent three-strikes offenders for 25 years is $4.8 billion.  (California will spend roughly $10 billion on prisons this year -- more than it spends on its once-renowned higher education system.)  Backers of the initiative say it will save at least tens of millions of dollars a year.

December 21, 2011 at 09:39 AM | Permalink

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Comments

The adjudicated third charge is fictional. The original indicted charge should be used to classify the third strike. Plea bargains represent fraud and cover up by the prosecution and defense when it comes to deciding release. Subsequent victims should be allowed to sue prosecutor, defense lawyer and certifying judge for this intentional tort, with exemplary damages. To deter.

Posted by: Supremacy Claus | Dec 22, 2011 8:00:34 AM

Matt Damon of Cal. has indicated that he would like to contribute more to government.

"I mean, I don’t mind paying more. I really don’t mind paying..."

Posted by: adamakis | Dec 22, 2011 11:20:00 PM

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