As a proponent of Proposition 66 and vice chairman of Citizens
Against Violent Crime, I am very familiar with the problems created
by the current three-strikes law. I have long wondered how it is
possible, within a civilized legal system, that a law could have
been passed that would send a person to prison for life for a minor
offense.
You may wonder exactly how the current three-strikes law works.
For individuals with one prior conviction for a serious or violent
crime, the prison term may be doubled for any felony, whether
violent or non-violent. For those with two or more prior
convictions for serious or violent crimes, a mandatory term of 25
years to life may be imposed for any felony, whether violent or
non-violent. Any non-violent or petty crime charged as a felony
will initiate the three-strikes rules.
Under current law the prior offenses do not have to be separate
acts. For example, an attempted burglary and a burglary can result
in two strikes. Proposition 66 allows only one strike per criminal
act.
Many people are also confused as to what a felony is. Felonies
include many offenses most would not typically think of as
felonies. Petty theft with a prior conviction, intentional use of
the wrong license plate or tag, and gambling (a card game at your
house, betting on football) can all be felonies. Under the current
law, if a person has a prior strike and commits any felony, this
person is subject to three-strikes sentence rules.
The cost of the current three-strikes law takes money away from
where it is more needed. This year the state budget for higher
education was cut and tuitions increased, but the prison system
received more money. What does that say about our priorities?
Proposition 66 ends the practice of putting bread and T-shirt
thieves and bad check writers in prison for life. As the Justice
Policy Institute study published in May of 2004 points out,
incarcerating petty offenders does not reduce crime rates, but does
waste hundred of millions of taxpayer dollars each year. This is
money that could be used for education, community policing, crime
prevention and health care.
The opponents of Proposition 66 continue to astound me. Some
have gone so far as to imply that Charles Manson might be released.
The current Oakland mayor, Former Governor Jerry
“Moonbeam” Brown, stated that thousands of felons would
be released into his neighborhood. “Moonbeam” lives in
Alameda County, where fewer than 30 people are serving time for a
non-violent, non-serious three-strike offense. Our opponents seem
as if they are all getting their information from moonbeams.
You may ask what exactly Proposition 66 actually does, so here
are a few points about the measure that will be on the Nov. 2
ballot.
First, Proposition 66 will save taxpayers billions of dollars
over the next decade by doing what makes sense ““ targeting
dangerous or violent repeat criminals, not petty non-violent
offenders.
Second, according to the California Department of Corrections,
almost 65 percent of those serving second”“strike sentences
were convicted of non-violent, non”“serious offenses such as
writing a bad check, stealing a videotape, a loaf of bread or a
package of T-shirts.
Third, Proposition 66 will allow prisoners now serving 25 years
to life or more sentences for non-violent, petty offenses to apply
for a re-trial. There are approximately 3,500 to 4,000 prisoners
serving 25 years to life sentences for non-violent petty
offenses.
The simple fact is that the three-strikes law does not work when
applied to non-violent crimes. Nor does it consider such
circumstances as unstable home lives and economic hardships, which
can sometimes lead to criminal behavior.
Furthermore, life sentences for petty offenses and the fear of
calling the police because of the possible consequences contribute
to a lack of respect for the justice system.
It’s time to restore three strikes to the original intent
of the voters and to begin to restore common sense, respect and
balance to our judicial system. Vote yes on Proposition 66 this
November.
Benson is the vice chairman of Citizens Against Violent
Crime.