the majority of the serious crimes were committed by this small percentage. These findings have been replicated in other studies with consistent empirical data.

The basic conclusion of such studies is that a small percentage of the criminal population is responsible for the majority of crime. If one accepts that conclusion then the question becomes whether or not there can be a substantial reduction in serious and violent crime as well as other criminal activity by incapacitating that small percentage.

It was not assumed that simply because individuals had engaged in serious and violent behavior in the past that all of their criminal behavior necessarily was serious and violent. Rather, the assumption was used that such individuals engaged in repeated criminal behavior with a demonstrated disposition, which included a willingness to commit serious and violent criminal behavior. By targeting that group, if it could be identified, one could reduce crime generally and serious and violent crimes specifically. The thinking being that as those individuals were incarcerated for any level of felony criminal behavior there would be a concomitant elimination of their further criminal behavior and, hopefully, prevention of further violent behavior. The question became who is that group and what is an effective way to deal with them to accomplish the objective?

A deliberate policy decision was made that the gravity of the new felony should not be a determinative factor in "triggering" the application of the Three Strikes Law. It was concluded that prosecutors were capable of making a decision in the case of low-grade felonies which could alternately be charged as misdemeanors in determining whether or not to charge such behavior as a felony and "trigger" the consequences of the Three Strikes Law.

Before any detailed discussion of the effectiveness of the Three Strikes Law is initiated, it is appropriate to give a brief explanation of what it is and to clear up some misconceptions. First of all, nobody is subject to the law unless they have at least one prior serious or violent felony conviction on their record. The average person might

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