killing, I dare say that the victim and his loved ones would not quibble over the percentage of the deterrent's efficacy."

One factor that can be considered in determining whether deterrence is a consequence is the recidivism rate. Since the passage of Three Strikes, the recidivism rate of parolees who are returned to prison because of the commission of a new crime (as opposed to a parole violation) has dropped by nearly 25%.~ In the three years prior to Three Strikes it had increased by almost 4% 4 However, what is a dramatic consequence is the following:

An unintended but positive consequence of "Three Strikes" has been the impact on parolees leaving the state. More California parolees are now leaving the state than parolees from other jurisdictions entering California. This striking turnaround started in 1994. It was the first time more parolees left the state than entered since 1976. This trend has continued and in 1997 more than 1,000 net parolees left California.⁵

What seems evident to me is that the large percentage of those opposed to the law tend to be of the mind that incarceration is not an acceptable way to alter behavior except at a very minor level. Therefore they tend to reject approaches which utilize incarceration as a primary solution. I would agree to the extent that incarceration of some offenders, particularly habitual criminals, has not proven effective in terms of rehabilitation. This does not mean, however, that we should not consider incarceration from the standpoint of effective crime prevention. Until they come up with a better solution, I demand that my streets be safe, my home be safe, my wife be safe and my children be safe. The reality is that crime is dropping at a dramatic pace and the only things that are different are more police, tougher laws and Three Strikes. That some people look for any other reason does California Department of Corrections, Data Analysis Unit; February 23, 1998.

⁵Ibid. "Three Strikes And You're Out"-Its Impact on the California Criminal Justice System After Four Years," California Attorney General's Office, March, 1998, p.23.

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