jurisdictions must first look at pre Three Strikes enforcement rates to draw any valid conclusion. They must also look to what kinds of applications of Three Strikes are being made? Are District Attorneys using Three Strikes to obtain pleas? For my purposes here, I would assert that greater enforcement and more uniform enforcement are positive and beneficial impacts on the crime rate. The primary shift is in consequence - no more probation or short term incarceration for habitual criminals.

Another consideration must be the shifting of resources. As noted, courts can try only one case at a time. Without increasing the number of judges and courtrooms, the number of cases tried will not increase. Therefore, it is most likely that what is occurring is that more of the cases being tried, at least initially, were or are of the three strikes and two strikes variety. This would logically mean that other types of criminal cases are not being tried but are receiving other types of dispositions. While there are a number of different conclusions that can be drawn from such an observation, one reasonable conclusion is that emphasis is being shifted toward career criminals.

I do not believe there is currently any basis to conclude that the existence of the Three Strikes Law as applied is presently burdening our courts simply because of its application. Likewise, one must evaluate the beneficial consequence and not just the impact. Further, I suspect based upon anecdotal evidence that the existence of Three Strikes has resulted in a substantially higher number of pleas and otherwise avoided significant lengthy trials that might have otherwise occurred. The reasons for this conclusion are based on experience.

It was expected that the Three Strikes law would give prosecutors more leverage in plea negotiations, resulting in more pleas and fewer trials. Although my sources are largely anecdotal I believe this is so. Generally speaking, whether a felony criminal case goes to trial depends on several factors: the quality of the evidence, the gravity of the offense, the potential length of the sentence and the number of available courtrooms. Cases with weak evidence plead out because prosecutors are more willing to make

As a former prosecutor and long-time trial and appellate judge, I believe that it is appropriate to try to equalize the treatment of defendants throughout California. The

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