By: James A. Ardaiz, Administrative Presiding Justice

Fifth District Court of Appeal

In 1993 California's crime rate had climbed to epic proportions. Serious and violent felonies had reached levels that concerned every citizen. It was clear that action needed to be taken. A violent crime in Fresno, California begat an effort to find a solution. From this effort came what has come to be known as California's Three Strikes Law. Without question, Three Strikes is a tough sentencing law but the penal code is full of laws that have tough sentences. Three Strikes was intended to go beyond making sentences tougher. It was intended to be a focused effort to create a sentencing policy that would use the judicial system to reduce serious and violent crime.

Part of the purpose of this forum is to provide an opportunity to answer the question of whether the Three Strikes Law has been successful. The answer depends on both what the objective was for the law and the reasons for it. That answer lies in the rationale behind the formulation of the law and an explanation of its history.

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