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felonies and commit a new "triggering felony" be isolated for a substantial period of time as clearly defined "habitual criminals." It places the discretionary decisions of prosecutors and judges on the public record and in the open. It is, in effect, "truth in sentencing" for career criminals.

 

IV. It enforces a policy decision for career criminals. Three Strikes asserts a policy determination that career criminals will be isolated and removed from the community they prey on. It encourages judges and prosecutors to avoid dispositions that are inconsistent with that policy decision. It is consistent with both the expectations of the community and with accepted criteria for punishment.

 

V. It reduces crime generally and serious and violent crime in particular. At the inception of Three Strikes, the Rand Corporation estimated that if fully implemented the Three Strikes law would ultimately reduce serious and violent felonies 22 to 34 percent.7 This was based on a number of factors including the fact that the targeted individuals would be unable to continue building their criminal history. The Rand projection was based on essentially the same rationale used in the formulation of the Three Strikes Law - isolating the targeted class of career criminals would inexorably reduce the commission of serious and violent crimes. Has this happened? One need only look at the statistics.

 

The Three Strikes Law became a focal point in 1993. That is when legislation was sought and when it was highly publicized. It became law in 1994. California's Crime Index did not make any consistent downward trend until the latter part of 1993. In 1993, homicide went up 3% reflecting prior trends. Robbery went down 5% over 1992, which had a 2% increase. Assault went down 3% over 1992 which showed a 2% increase. Burglary went down 5% over 1992 which showed a 2% decrease. 1994, which was the

 

7Three Strikes and You're Out Estimated Benefits and Costs of California's New Mandatory Sentencing Law RAND Corporation, 1994

 
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