of offender. Eliminating all discretion for district attorneys and judges would create exactly the consequence that provokes criticism in some cases: all "triggering offenses" would have the same result regardless of circumstances.

I do not believe, however, that the use of prosecutorial discretion has been abused or that such discretion is inappropriately placed. I would argue that the statistics concerning actual sentencing application as previously discussed support this view. In an analysis of the use of prosecutorial discretion as it relates to Three Strikes, the following conclusion was reached

Under the California three-strikes law, all traditional forms of prosecutorial discretion have been eliminated by the legislature-all except the ability of the prosecutor to dismiss a prior strike conviction "in the furtherance of justice." Earlier reports seemed to indicate that this discretion was creating an unequal application of the law as some prosecutors used this discretion more frequently than others, yet none examined this issue empirically. In this [study], I analyze the use of this discretion and conclude that prosecutors are not treating offenders disparately with their ability to strike a strike, nor are they using their discretion in a way that encourages sentence leniency. Rather, they are applying the law, and using their discretionary authority, in accordance with crime control goals. Prior strikes are stricken only in those cases that involve less serious crimes or defendants who present a reduced risk of recidivism and a lesser degree of culpability.²

The statute requires the District Attorney to file all of the offender's prior serious or violent prior felony convictions. (Cal. Pen. Code, § 667, subd. (e)(2)(B)(f)(1).) This is designed to insure public accountability. This makes policy decisions by the prosecutor and the judge clear because the dismissal of a prior conviction must be done on the record

²Walsh, Jennifer Edwards, Phd. "In the Furtherance of Justice": The Effect of Discretion on the Implementation of California's Three Strikes Law" (1999). Prepared for delivery at the 1999 Annual Meeting of the American Political Science Association, Sept. 2-5, 1999. Copyright by the American Political Science Association.

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