Letter to the editor by Carrie Rosenbaum

Published March 9, 1999, in the Santa Barbara News Press

Seeking amendments to state's three-strikes law

The authors of "Another view on three-strikes law" (News-Press, March 1) and "A travesty to criminal justice system" (Feb. 25) may be interested to know that an organization is forming in Santa Barbara as a part of a statewide movement to amend the three-strikes.

Families to Amend California's Three-Strikes (FACTS) supports SB 79, a California Senate bill written by Tom Hayden, D-Santa Monica. This bill would amend the law to require that third strikes be violent and serious felonies.

In "Another view ..." Reg Daudert uses a catch phrase representative of our society's tough-on-crime attitude: "If you can't do the time, don't do the crime."

FACTS' response is: Let the time FIT the CRIME.

Need we be reminded that the campaign for this law uses baseball terminology as a PR ploy, which dangerously changes the nature of public policy debate. The three-strikes law has not been proven to decrease crime, or be a deterrent. According to a recent newspaper article, "Five years after it was hailed as a major deterrent to crime, California's three-strikes sentencing law has had no measurable effect on reducing crime ..."

The law has been dangerously misportrayed as a deterrent to crime. Not only does three-strikes not act as a deterrent, but is an extreme punishment for non-serious and non-violent crimes and is used more often in California than other states. Furthermore, in a study by the Justice Policy Institute cited in the News-Press on March 4, "Most states with similar repeat felon laws require that third offense triggering a possible life sentence be a violent crime."

According to the California Department of Corrections, "there were 4,884 third-strike cases as of Dec. 31, 1998 - only 38.8 percent identified as 'crimes against persons.'" Nearly 75 percent of second strikes and 50 percent of third strikes are for non-violent and non-serious offenses. Another important factor, 71 percent of three-strike felons in state prisons are African-American or Latino. This does not indicate that certain racial and ethnic groups are genetically prone to crime, but rather demands that we ask serious questions about our judicial system and the fairness of this law.

The notion of fairness seems like a distant notion of the past in a time of exploitative and sensational television like the TV show "Cops," portraying suspects as criminals before they even reach the courts for a fair trial. It begins with all of us critically considering the effects of three-strikes legislation.

There are over 40 organizations, ranging from the ACLU to the Concerned Citizens of Leisure World in Orange County, who support the amending of three-strikes. For those who want to get involved, call and write your State senator and Assembly person and tell them you want them to support SB 79.

For more information on the three-strikes law and how you can get involved, call FACTS at: (805) 568-9922 and go to http://www.facts1.com

Carrie Rosenbaum
Chairperson Santa Barbara chapter
FACTS


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Date last modified: 3/11/99.