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Prosecutor's Perspective on California's Three Prosecutors’ Perspective on California’s Three Strikes Law — A 10-Year Retrospective — Summer 2004 IFORN AL IA C D N I S O I T T R JUSTICE A I I C CDAADAA C T O A S T S T O A R N E Y S Published by the California District Attorneys Association GILBERT G. OTERO DAVID LABAHN President Executive Director Prosecutors’ Perspective on California’s Three Strikes Law — A 10-Year Retrospective — Summer 2004 2003-04 CDAA BOARD OF DIRECTORS 2004-05 CDAA BOARD OF DIRECTORS PRESIDENT PRESIDENT The Honorable Gilbert G. Otero (Imperial County) The Honorable David W. Paulson (Solano County) FIRST VICE-PRESIDENT FIRST VICE-PRESIDENT The Honorable David W. Paulson (Solano County) The Honorable Jan Scully (Sacramento County) SECOND VICE-PRESIDENT SECOND VICE-PRESIDENT The Honorable Jan Scully (Sacramento County) The Honorable Gerald T. Shea (San Luis Obispo County) SECRETARY-TREASURER SECRETARY-TREASURER The Honorable Gerald T. Shea (San Luis Obispo County) The Honorable John Poyner (Colusa County) SERGEANT-AT-ARMS SERGEANT-AT-ARMS The Honorable John Poyner (Colusa County) The Honorable Steve Cooley (Los Angeles County) PAST PRESIDENT PAST PRESIDENT The Honorable Gordon Spencer (Merced County) The Honorable Gilbert G. Otero (Imperial County) DIRECTORS DIRECTORS The Honorable Steve Cooley (Los Angeles County) The Honorable Gregg Cohen (Tehama County) Brenda Daly (San Diego County) Brenda Daly (San Diego County) The Honorable James P. Fox (San Mateo County) Charles Gillingham (Santa Clara County) The Honorable Ed Jagels (Kern County) The Honorable Gary Lieberstein (Napa County) The Honorable Ernest J. LiCalsi (Madera County) Grover Merritt (San Bernardino County) Grover Merritt (San Bernardino County) The Honorable Thomas J. Orloff (Alameda County) Rolanda Pierre-Dixon (Santa Clara County) Rod Pacheco (Riverside County) Frank J. Vanella (San Bernardino County) The Honorable Michael Ramos (San Bernardino County) Terry Wiley (Alameda County) Stephen M. Wagstaffe (San Mateo County) George Williamson (Solano County) George Williamson (Solano County) This page intentionally left blank. Acknowledgments This paper would not have been possible without the hard work and dedication of the California District Attorneys Association’s Three Strikes White Paper Ad Hoc Committee and CDAA staff, which includes the following individuals: THREE STRIKES WHITE PAPER AD HOC COMMITTEE The Honorable Gerald T. Shea (San Luis Obispo County District Attorney), Chair Michelle Contois (Ventura County District Attorney’s Office) Lee Cunningham (San Luis Obispo County District Attorney’s Office) Brian Gurwitz (Orange County District Attorney’s Office) Garrett Hamilton (Kern County District Attorney’s Office) Charles Hobson (Criminal Justice Legal Foundation) Kelly Keenan (Riverside County District Attorney’s Office) Les Kleinberg (California Attorney General’s Office) Grover Merritt (San Bernardino County District Attorney’s Office) Rachelle Newcomb (California Attorney General’s Office) Charles E. Nickel (San Diego County District Attorney’s Office) Mary Peace (Ventura County District Attorney’s Office) Don Penner (Fresno County District Attorney’s Office) L. Douglas Pipes (Contra Costa County District Attorney’s Office) Lael Rubin (Los Angeles County District Attorney’s Office) Valerie Summers (San Diego County District Attorney’s Office) Laura Tanney (San Diego County District Attorney’s Office) David Tomkins (Santa Clara County District Attorney’s Office) Carol Turner (Tulare County District Attorney’s Office) Lance Wong (Los Angeles County District Attorney’s Office) CDAA STAFF David LaBahn (Executive Director) Wayne Strumpfer (Deputy Executive Director) Kaye C. Bassett (Project Publications Editor/Research Attorney) Heidi L. Lehrman (Publications Editor/Research Attorney) Mellonie Yang (Legislative Attorney) Laura Bell (Publications Production Coordinator) This page intentionally left blank. Table of Contents Preface: Individual Perspectives by The Honorable James P. Fox, San Mateo County District Attorney ......................................................... i by The Honorable Gregory D. Totten, Ventura County District Attorney ...................................................iii by The Honorable George Kennedy, Santa Clara County District Attorney ................................................ v I. Background ............................................................................................................................ 1 AA Snapshot in Time: California and Crime in 1994 ................................................................. 1 B. A Brief Description of the Three Strikes Law ............................................................................ 2 II. Career Criminals Sentenced Pursuant to the Three Strikes Law .......................................... 4 Kenneth Parnell .............................................................................................................................. 4 Jose Arreola ..................................................................................................................................... 5 Cladius Johnson .............................................................................................................................. 5 Kenneth Fuller ................................................................................................................................ 6 Ervin Cole ....................................................................................................................................... 6 John Bunyard .................................................................................................................................. 7 Michael Cepeda ............................................................................................................................... 8 Manuel Morales............................................................................................................................... 8 Jerry Williams ................................................................................................................................. 8 Steven Mathews............................................................................................................................... 9 Leandro Andrade............................................................................................................................. 9 III.Three Strikes in Practice ..................................................................................................... 10 A. Screening Criminal Cases........................................................................................................ 10 B. Prosecutorial Discretion .......................................................................................................... 10 C. Judicial Discretion in Sentencing ............................................................................................ 11 1. Dismissing a Prior Strike Conviction to Lessen a Three Strikes Sentence ........................ 11 2. Reducing a Felony to a Misdemeanor ............................................................................... 13 D. Eligibility for Drug-Treatment Programs................................................................................. 14 E. Jury Safeguards for the Three Strikes Defendant .................................................................... 15 F. Appellate Safeguards for the Three Strikes Defendant ............................................................ 15 IV. The Three Strikes Law by the Numbers .............................................................................. 16 A. Sentenced Second-Strike Defendants Since 1994.................................................................... 16 B. Sentenced Third-Strike Defendants Since 1994 ...................................................................... 17 C. For the Past 10 Years, Parolees Have Been Leaving California in Larger Numbers Than Parolees Who Have Been Coming Into the State ........................................................... 18 D. Ten Years of Substantial Drop in the California Crime Rate ................................................... 19 V. Debunking Misinformation and Fallacies........................................................................... 22 A. The Three Strikes Sentencing Structure Is NOT Cruel and Unusual Punishment ................. 22 B. The Three Strikes Law Is NOT Just About Life Sentences ...................................................... 23 C. Three Strikes Has NOT Caused Prison Costs to Bankrupt the State ...................................... 23 D. Three Strikes Has NOT Caused a Decrease in Funding for Education ................................... 24 E. Three Strikes Has NOT Overcrowded Prisons ........................................................................ 25 F. Three Strikes Has NOT Required California to Open Numerous New Prisons ...................... 28 G. Three Strikes Has NOT Created a Backlog in the Courts ....................................................... 29 H. California Voters Understood the Three Strikes Law When They Voted for It....................... 30 I. Attempts To Limit the Three Strikes Law Have Consistently Failed ...................................... 31 VI. Conclusion .......................................................................................................................... 33 ENDNOTES .............................................................................................................................
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