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| ANALYSIS OF THE THREE STRIKES AND CHILD PROTECTION ACT OF 2004 INITIATIVE MEASURE |
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| L. Douglas Pipes Senior Deputy District Attorney Contra Costa County |
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| February 24, 2004 | |||
| Petitions are now circulating in an effort to qualify an initiative measure for the November 2004 general election ballot. This initiative measure is entitled "Three Strikes and Child Protection Act of 2004." The passage by the electorate of this initiative would constitute the most serious and damaging rollback of California's efforts to punish and incarcerate serious and violent felons in more than 30 years. For this reason, this initiative constitutes the most dangerous piece of criminal justice legislation that the above author has analyzed in more than 3 decades as a California prosecutor. | |||
| Petitions are now circulating in an effort to qualify an initiative measure for the November 2004 general election ballot. This initiative measure is entitled "Three Strikes and Child Protection Act of 2004." The passage by the electorate of this initiative would constitute the most serious and damaging rollback of California's efforts to punish and incarcerate serious and violent felons in more than 30 years. For this reason, this initiative constitutes the most dangerous piece of criminal justice legislation that the above author has analyzed in more than 3 decades as a California prosecutor. | |||
| The passage of the "Three Strikes and Child Protection Act of 2004" initiative measure would unload back into society tens of thousands of felons who have committed serious and violent felonies and would thereby expose the citizens of California once again to the recidivist criminal conduct of these hordes of convicted felons. Defeat of this initiative, therefore, should be the single highest priority of law enforcement and all law-abiding citizens of this state. | |||
| This paper will discuss four subjects. First, it will identify the groups and people who have drafted and who are sponsoring the "Three Strikes and Child Protection Act of 2004� initiative. Second, the paper will describe the provisions of the initiative measure. Third, the paper will set forth the drastic consequences that would result from the passage of this initiative. Fourth, and finally, the paper will identify what appears to be a clear constitutional infirmity of the initiative that could cause it to be stricken from the ballot even if it qualifies with signatures. | |||
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