assumptions - people who commit felonies have shown a criminal disposition that is not deterred initially by the existence of punishment. However, each crime depends on the circumstances surrounding the crime. Just because a person commits a felony on a particular occasion does not necessarily mean that person is a habitual criminal or even has a general criminal disposition. People who commit serious and violent crimes have shown a disposition towards violence but again, it depends on the circumstances of the crime. Not every violent act committed means a person is generally violent. It depends on the provocation and other circumstances. We can only conclude that under certain circumstances such people are capable of a violent and antisocial act.

However, people who are repeat offenders have shown a disposition towards criminal behavior and the circumstances surrounding the crime are less of a consideration. We can draw more conclusions about them being disposed to serious antisocial criminal behavior due to the fact that they have repeatedly engaged in such behavior. People who commit multiple felonies including multiple serious and violent felonies and who continue to commit felonies are people who represent a clear danger to the community. They are people who are disposed to criminal behavior and continue to engage in it. They must be dealt with in a way that recognizes that conventional notions of punishment as a deterrent, as rehabilitation and as retribution affecting conduct are not effective. Still, the threat they present to the community is real. How do we deal with it?

In formulating the concepts behind the Three Strikes Law it was concluded the most effective way to reduce serious and violent criminal behavior through the use of sentencing law was to make a policy decision. Identify through past behavior those who have demonstrated a clear disposition to engage in serious criminal acts and whose conduct conventional concepts of punishment have been ineffective in deterring. Isolate those individuals to eliminate repeat behavior. Use criteria to determine who those individuals are which is "triggered" by new criminal behavior.

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