against the benefit to society from crime reduction to utilize to some degree a cost-benefit approach. To that extent, one can look at crime reduction that may be argued is attributable to Three Strikes to calculate the money saved because the crimes were not committed.

Another argument that is made with some degree of frequency is that Three Strikes locks up offenders who are "old" and past their criminal "prime." This argument is essentially the geriatric dilemma: how long do they continue to be a threat to the community and at what point are we simply keeping them in custody when they no longer pose significant risk of further harm?

The first issue is whether these really are "old" offenders. I think most people would assume that it takes some effort and some time to acquire the type of record that qualifies for second and third strike treatment. Analysis of Department of Corrections statistics does not bear out this expectation. Of the 43,831 offenders convicted as "second strike" offenders as of October 1999 (one prior serious or violent felony in addition to the new felony), 77% (33,932) are under the age of 40. Further, 59% (25,736) are under the age of 35. Only 21% (9,299) are over the age of 40 and only 9% (4,015) are over the age of 45.

For third strike offenders (two prior serious or violent felonies in addition to the new felony) the percentages do not bear out the criticism. Of the 5,602 offenders who have been sentenced as third strike offenders, 69% (3,917) have been under the age of 40. Further, 44% (2,466) are under the age of 35. Only 31% (1,741) are over the age of 40 and only 14% (782) are over the age of 45.

While I am not prepared to accept for personal reasons that being over 50 is old, I am not willing to accept that being under 40 is "old." It would seem clear that the vast majority of offenders who have acquired the type of aggravated records that qualify them for sentencing under this law are under the age of 40. Nearly half of those sentenced as third strike offenders are under the age of 35. Over half of those sentenced as second

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