It is also appropriate to point out that burglars are particularly representative of the habitual offender. The 1982 study by the Rand Corporation regarding selective incapacitation concluded that of active burglars, 10 percent committed more than 230 burglaries each year.¹

It is true that the commission of any felony with two prior serious or violent felony convictions qualifies an individual for the application of Three Strikes. Likewise the commission of any felony with one prior serious or violent felony conviction qualifies an individual for the no probation doubling formula. However, the appropriate evaluation is in the application in sentencing, not simply in charging the priors to bring into issue the application of the law. In other words, there are a number of different permutations available under the law that must be considered.

For example, a person with one prior serious or violent felony conviction who commits a new felony that is a "wobbler" (can be charged as a felony or misdemeanor) will not face the impact of the law if the prosecutor charges it as a misdemeanor or the judge reduces it to a misdemeanor. Even if the "triggering offense" is left as a felony, if there is only one prior serious or violent conviction it can be stricken resulting in non-application of the sentencing consequences under Three Strikes. Therefore, even assuming a significant percentage of "triggering offenses" are low grade felonies or "wobblers," they are not necessarily ultimately prosecuted that way in terms of achieving the full possible range of consequences theoretically available.

Likewise, the same is true if there are two prior serious or violent prior felony convictions. Striking one or both priors can result in non-application of the law or diminishing its possible consequences. In my view, the issue is not whether the crimes charged under the Three Strikes Law could result in the consequences the law provides.

¹Greenwood, Peter and Allan Abrahamse. 1982. Selective Incapacitation. Santa Monica: The Rand Corporation

Next Page
or go to... 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20
21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39
40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48