impoohbearsgirl
09-24-2004, 03:46 PM
http://www.mercurynews.com/mld/mercurynews/9737792.htm?1c (http://www.mercurynews.com/mld/mercurynews/9737792.htm?1c)
Yes on Proposition 66 is a yes to more crime
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IT WOULD RELEASE KILLERS AND RAPISTS TO OUR COMMUNITY
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By George Kennedy
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The passage of Proposition 66 to amend California's ``three strikes'' law would require Santa Clara County courts to bring back from state prison 345 of the county's worst felons and release them into our community almost immediately. Among them, they have been convicted of 13 homicides; 3 attempted homicides; 136 rapes, forced sodomies and felony child molestations; 348 robberies; 373 burglaries; 12 kidnappings; and 112 assaults with deadly weapons.
That accounts for only the three-strikers who would be released here soon. An additional 920 two-strikers with similar but less-lengthy records would also be returned for mandatory sentence reductions, and hundreds would be released immediately into Santa Clara County neighborhoods.
Statewide, 26,000 of the most serious recidivist felons would be released. By the time the Legislature acts to repair the damage, it will be too late.
Fear is a very appropriate reaction. The last time we released high-propensity felons in this number in 1976, San Jose's crime rate tripled. I personally tried many tragic rape and murder cases resulting from the aftermath of that horribly failed exercise in compassion for repeat felons with violent and serious records.
The worst thing about Proposition 66 (which is fully retroactive) is that it considers one trial to be one strike, even if the trial was for numerous crimes against numerous victims in different places over several years.
Under the initiative, for example, Santa Clara County serial rapist and murderer John Bunyard (who would be released immediately) would have multiple murder, sexual assault, kidnap and other violent felony convictions (17 in all) reduced to one strike.
The next worse thing about Proposition 66 is that it eliminates previous residential burglary convictions from consideration under the three strikes law and requires resentencing and huge breaks for residential burglars. It also cuts the sentence of many current serious and violent offenders down to half by mandating a different credit-for-time-served formula. Proposition 66 is sponsored by advocates for criminals.
Each of those three-strikers who would be immediately released here by the initiative has already had a hearing at which a judge determined the three-strikes sentence should not be reduced.
Stereotypes and urban legends about the three-strikes law are false. Judges have discretion to reduce three-strikes cases if they feel the sentence is too long, and prosecutors have always had the discretion.
The famous pizza thief with the long record is now not a three-striker at all; a judge reduced him to two strikes.
The bike thief's sentence was upheld by a judge after a hearing where it was shown the bike theft was a minor part of a multi-county crime spree involving attempted armed robbery, auto theft and burglaries almost immediately following a prison sentence for a vicious stabbing.
The most recent Bureau of Justice statistics show that California is well below the national per-capita average in prisoners with a sentence of more than one year. Three-strikes inmates make up just 4.6 percent of the prison population.
The three-strikes law works. Shortly after it went into effect 10 years ago, we saw double-digit crime drops. Since then, California's crime rate has plummeted by twice the national average. Our statewide homicide rate has dropped more than 40 percent. It targets the 6 to 8 percent of felons who commit the most crimes. Releasing them is about the worst thing we could do for the crime rate.
Monetary savings will not result. Most will be back in a cycle of jail or prison as they were before three strikes. The cost of their crimes and investigating and reprocessing them through the courts makes this a money loser. The cost to victims is immeasurable.
It sickens me that we are about to repeat past mistakes from a time when this community was far less safe. Proposition 66 is the most important criminal justice initiative in a decade. It goes way too far and will have awful consequences. Vote no on Proposition 66.
GEORGE KENNEDY is the district attorney for Santa Clara County. He wrote this column for the Mercury News.
Yes on Proposition 66 is a yes to more crime
http://www.mercurynews.com/images/common/spacer.gif
IT WOULD RELEASE KILLERS AND RAPISTS TO OUR COMMUNITY
http://www.mercurynews.com/images/common/spacer.gif
By George Kennedy
http://www.mercurynews.com/images/common/spacer.gif
The passage of Proposition 66 to amend California's ``three strikes'' law would require Santa Clara County courts to bring back from state prison 345 of the county's worst felons and release them into our community almost immediately. Among them, they have been convicted of 13 homicides; 3 attempted homicides; 136 rapes, forced sodomies and felony child molestations; 348 robberies; 373 burglaries; 12 kidnappings; and 112 assaults with deadly weapons.
That accounts for only the three-strikers who would be released here soon. An additional 920 two-strikers with similar but less-lengthy records would also be returned for mandatory sentence reductions, and hundreds would be released immediately into Santa Clara County neighborhoods.
Statewide, 26,000 of the most serious recidivist felons would be released. By the time the Legislature acts to repair the damage, it will be too late.
Fear is a very appropriate reaction. The last time we released high-propensity felons in this number in 1976, San Jose's crime rate tripled. I personally tried many tragic rape and murder cases resulting from the aftermath of that horribly failed exercise in compassion for repeat felons with violent and serious records.
The worst thing about Proposition 66 (which is fully retroactive) is that it considers one trial to be one strike, even if the trial was for numerous crimes against numerous victims in different places over several years.
Under the initiative, for example, Santa Clara County serial rapist and murderer John Bunyard (who would be released immediately) would have multiple murder, sexual assault, kidnap and other violent felony convictions (17 in all) reduced to one strike.
The next worse thing about Proposition 66 is that it eliminates previous residential burglary convictions from consideration under the three strikes law and requires resentencing and huge breaks for residential burglars. It also cuts the sentence of many current serious and violent offenders down to half by mandating a different credit-for-time-served formula. Proposition 66 is sponsored by advocates for criminals.
Each of those three-strikers who would be immediately released here by the initiative has already had a hearing at which a judge determined the three-strikes sentence should not be reduced.
Stereotypes and urban legends about the three-strikes law are false. Judges have discretion to reduce three-strikes cases if they feel the sentence is too long, and prosecutors have always had the discretion.
The famous pizza thief with the long record is now not a three-striker at all; a judge reduced him to two strikes.
The bike thief's sentence was upheld by a judge after a hearing where it was shown the bike theft was a minor part of a multi-county crime spree involving attempted armed robbery, auto theft and burglaries almost immediately following a prison sentence for a vicious stabbing.
The most recent Bureau of Justice statistics show that California is well below the national per-capita average in prisoners with a sentence of more than one year. Three-strikes inmates make up just 4.6 percent of the prison population.
The three-strikes law works. Shortly after it went into effect 10 years ago, we saw double-digit crime drops. Since then, California's crime rate has plummeted by twice the national average. Our statewide homicide rate has dropped more than 40 percent. It targets the 6 to 8 percent of felons who commit the most crimes. Releasing them is about the worst thing we could do for the crime rate.
Monetary savings will not result. Most will be back in a cycle of jail or prison as they were before three strikes. The cost of their crimes and investigating and reprocessing them through the courts makes this a money loser. The cost to victims is immeasurable.
It sickens me that we are about to repeat past mistakes from a time when this community was far less safe. Proposition 66 is the most important criminal justice initiative in a decade. It goes way too far and will have awful consequences. Vote no on Proposition 66.
GEORGE KENNEDY is the district attorney for Santa Clara County. He wrote this column for the Mercury News.