point out that both Attorney General Lungren and Attorney General Lockyer, as well as virtually every District Attorney in California, have supported this conclusion.

Many things must be considered in measuring the impact of Three Strikes. Has it been effective in removing career criminals from the general population? Clearly the answer is yes. Has it been effective in obtaining more pleas, particularly with second strike offenders? Clearly the answer is yes. Has it been effective in mandating prison sentences for career criminals as opposed to probation and minimal treatment releasing them back into the community? Clearly the answer is yes. If you don't believe me, ask a District Attorney.

It is also appropriate in measuring the success of Three Strikes to evaluate the results in comparison to the criticisms. As I indicated, cost analysis is a factor in policy decisions. Does the cost significantly outweigh the social benefit to the extent the benefit does not justify the cost? The critics' assertions are not borne out by the statistics. Are the wrong types of offenders being targeted by the law? The statistics do not bear out the criticisms.

When one looks at the many florid criticisms that have been directed at this law it comes down to a basic philosophical confrontation. Those who oppose laws that target career criminals and involve tougher sentencing are generally opposed to the notion that incarceration is an appropriate, effective tool that is justified in fighting crime. Those who support the concept of using sentencing as a means of reducing serious and violent crime accept incarceration as an effective means of addressing crime.

Let me ask the questions that need to be asked to put this entire discussion in perspective. Should people with prior serious and violent felony convictions who commit new felonies be precluded from probation except where there is a careful, public exercise of discretion? If the answer is no, then there is a basic philosophical disagreement with the concept of sentencing as a public policy factor. If the answer is yes, then you have the Three Strikes Law. Are people with two or more prior serious or violent felonies who

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