The so-called Three Strikes and Child Protection Act of 2004 is anything but. If the initiative is passed, the following is likely to happen:
It is expected to submit its signatures to place it on the November ballot.
This measure goes far beyond making all strikes violent.
It changes what is called a strike.
No longer would residential burglary, arson, criminal threats, felony gang crimes or felonies that inflict great bodily injury (unless proof can be made the defendant specifically intended to inflict great bodily injury) be a strike.
Juvenal offenders would also get the added benefit of removing kidnapping of an elder or disabled person or assault to commit rape of an elderly or disabled person as serious or violent crimes.
The worst provision requires the strikes to be prosecuted and tried separately.
People like Charles Manson, who has been convicted of 7 murders, would be liable for one strike. Richard Ramirez (the Hillside Strangler) who was convicted of 19 murders would also qualify for one strike.
It is estimated that 26,202 second and third strike inmates would be eligible for immediate release. This represents the most active serious and violent offenders in California.
The news gets worse!
The California legislative analyst estimates tens of millions of dollars would have to be spent by cities and counties to reprocess and re-sentence these offenders.
The true danger is the destruction of 3-Strike’s ability to deter crime.
Criminals with prior strikes and offenders who are in a cycle of escalating crime will find this and open invitation to start, continue or escalate their criminality with little or no fear of punishment.
The end result will be a major increase in crime.
New prison construction to contain more criminals that will be responsible for the upsurge in crime.
Early releases of ever more serious and violent offenders to make room for new ones, that, in turn, further reduces penalties and propagate the cycle of increased crime and criminals.