Smart Voter
Santa Clara County, CA June 2, 1998 Primary

Implementation of Three Strikes

By Mel Anderson

Candidate for District Attorney

This information is provided by the candidate
The Current District Attorney is reducing sentences in over 50% of Three Strike Cases.
"The citizens of Santa Clara County involuntary members of a lottery to determine who will be the next victim of one of these violent criminals."

These are the facts:

The Three Strikes Law says that persons who have two prior convictions for the worst kinds of felonies are candidates for special punishment. These career criminals must have two felony convictions for the worst kind of felonies. Their convictions must be among a list of the worst kinds of crimes. They are child molestation, robbery, assault with a firearm, rape and residential burglary. These are the crimes that changes people's lives. The career criminals are on notice, that if they commit any further felonies of any sort, they are subject to 25 years to life. Evenso, they continue to commit felonies. This is testimony to their criminality. They cannot stop. They have not changed. We cannot reduce their sentences when they commit any felony, since to do otherwise is to say that we will wait until you molest a child, burglarize a home, rape a woman, or assault someone with a firearm before we apply Three Strikes and sentence you to 25 to life in prison. We are saying we will give the breaks to the criminals, and not concern ourselves with the safety of innocent citizens.

I will not let that happen.

The average three-strike defendant

¨is a career criminal

¨has been convicted of a violent crime--rape, robbery, assault, burglary, child molestation--2.3 times

¨commits 12 crimes every year when free, excluding drug crimes

¨is sent to jail only once in every four times arrested.

"Turnstile" Justice

The record of the current District Attorney is weak.   His office has downgraded charges against career criminals from felony to misdemeanor, or intentionally disregarded prior felony convictions, in 54% of the three-strike cases brought to his department.  As a result, some violent career criminals have managed to avoid jail time altogether, while others are released years--sometimes decades--early. 

Inevitably, these released criminals are arrested again, but not before they have committed many more crimes.  By reducing the sentences of these career criminals, the current D.A. is saying he will wait. He will wait until these violent social predators really hurt someone. The high social cost of turnstile justice is, as always, borne by our citizens, your family, your children. 

Together, we can make a change.

This is my position:

¨We know who they are.  Those who have repeatedly committed crimes in the past can be counted upon to commit crimes in the future.

¨It is not part of the District Attorney's job to protect felons.  The DA's only job is to protect the citizens of Santa Clara County.

¨The longer a career criminal remains in prison, the longer our citizens will be protected against the certain threat of more crime.

The policies of the current District Attorney have skewed the odds in favor of repeat felons.  As a result, experienced criminals have learned to "manage" the system to their benefit and, ultimately, to the detriment of citizens.  Fewer than 20% of all career criminals arrested are sent to jail.  More than 80% are released.

What I will do:

The math is compelling.  By changing the policy of the District Attorney's Office now, a substantial difference can be made now in the level of crime. 

¨Mandated terms for three-strike felons will reduce crime by reducing the population of career criminals on our streets.

¨A tougher stand in three-strike cases will deter criminals by substantially raising the risk of crime to the criminal. 

¨A tough stand in three-strike cases sends this powerful message to career criminals: Crime in Santa Clara is no longer profitable.

The moment I take the oath as your new District Attorney, a new, tougher policy governing prosecution of violent career criminals will take effect.

Next Page: Position Paper 2

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ca/scl Created from information supplied by the candidate: May 20, 1998 10:21
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