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Poll finds broad support for limits on '3 strikes' law
By Bill Ainsworth | UNION-TRIBUNE STAFF WRITER | June 10, 2004

SACRAMENTO – California voters overwhelmingly support a November ballot measure to weaken the tough "three strikes" sentencing law, marking a dramatic reversal for a landmark initiative approved amid a frenzy of anti-crime activity 10 years ago.

The nonpartisan Field Poll shows the measure to limit long penalties for harsher crimes was supported by 76 percent and opposed by 14 percent.

The law doubles the sentence faced by felony defendants with one previous serious or violent felony conviction, a list that ranges from murder to burglary.

Defendants with two convictions face 25 years to life for their next felony, regardless of its severity.

The ballot measure would impose 25 years to life only if the third felony is a serious or violent crime. The proposal also would allow courts to retroactively reduce sentences of those locked up.

The initiative would save "several hundreds of millions of dollars" on prison costs, according to the legislative analyst.

"When a ballot measure starts out like that, it must be resonating very well with the voters," said Mark DiCamillo, director of the Field Poll.

The ballot measure has bipartisan appeal, with Democrats in support 80 percent to 8 percent and Republicans 74 percent to 17 percent.

DiCamillo said defeating the measure would take a "very credible spokesman weighing in on the 'no' side. It would take a big campaign."

Republican political analyst Allan Hoffenblum said the poll shows California's libertarian streak. In the past eight years, voters have approved measures legalizing medical marijuana and sending drug users to rehabilitation instead of jail.

"They are hearing too much that people are going to jail for nonserious crime," Hoffenblum said. "Voters believe the punishment should fit the crime."

The mood seemed different a decade ago.

In 1994, the Legislature passed what is considered the toughest "three strikes" law in the nation. Lawmakers also passed laws dramatically increasing penalties for rape and many other crimes.

Also that year, California voters angry at the October 1993 murder of 12-year-old Polly Klaas approved a "three strikes" initiative, 72 percent to 28 percent.

Since then, occasional reports of criminals getting harsh sentences for third-strike crimes such as stealing golf clubs and videos have made headlines.

Joe Klaas, Polly's grandfather, said he has worked against "three strikes" for the past decade because he believes it is unfair to put pizza thieves in prison for life, referring to a notable case.

Klaas said he believes the poll shows that his message that the law is unjust and costly has been absorbed by voters.

"I like the figures. It's too good to be true," he said.

Past efforts to amend the law have failed to reach the ballot because of the lack of funds, Klaas said. This year, Sacramento businessman Jerry Keenan donated more than $1 million.

Opponents argue that the measure could lead to the early release of Keenan's son, who is serving a prison term for a car crash that killed two people. Keenan couldn't be reached yesterday.

A coalition of law enforcement groups strongly opposes the measure, contending it will put criminals back on the streets. They say it could lead to the release of 26,000 convicts.

The measure has split the Klaas family: one of its leading opponents is Marc Klaas, the father of Polly Klaas and son of Joe Klaas.

"They want to put 26,000 two-time and three-time losers on the street and you're telling me bad things won't happen?" said Marc Klaas, who runs the Klaas Kids Foundation, which works on child safety.

[zombieTranslation: It's GOOD to keep pizza thieves in prison for life. very much a "knee-jerk" reaction.]

Marc Klaas initially opposed "three strikes," contending it was inflexible. He said judges and prosecutors now have the power to refrain from seeking the maximum penalties.

On another November ballot measure, the Field Poll showed that a proposal to bring back California's open primary is supported 50 percent to 37 percent. A different form of open primary was struck down by the U.S. Supreme Court in 2000.

Under the plan, state and federal primary elections would be open to all voters.

The two candidates – regardless of party – that received the most votes in the primary would run against each other in the general election unless one was elected with at least 50 percent of the vote.

The poll also shows that voters slightly favor an initiative that would add a phone tax of no more than 50 cents per month for each residential customer and 3 percent for other customers to help pay for emergency care. The survey found that 51 percent of likely voters are inclined to favor a phone tax that would help pay for emergency room services, while 38 percent oppose the plan.

The poll was based on interviews conducted May 18-24 with two subsamples of 341 and 306 likely voters. It has a margin of error of 5.8 percentage points.

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Higher Self

State laws instituted as a reflection of the will of the people tend to be more oriented toward the common good, rather than laws created by legislative bodies which are often influenced by the special interests of powerful corporations. These unthinking, uncaring corporate interests quite often choose to benefit themselves by compromising what's in the best interests of the common good and the environment.

Why not create a FEDERAL VOTER INTIATIVE PROCESS as well?

JTP

I think there may be some Darwinian influences if a person is soooo stupid as to get busted for marijuana THREE times! Perhaps that person is too stupid to operate in society. Doesn't it have to be three felony convictions?

solutions

I would assume a suspect, on the brink of getting arrested for a 3rd felony, is more likely to use violence on police officers. Increasing the number of shootouts, high speed chases and officers killed in action.

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PotShot

Keep your eyes open....
Basically a good amount of money, star power, and misinformation eh?

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WNB

Oh come on...most pot busts happen because a person was in the wrong place at the wrong time, not because they're any stupider than the other thirty million pot smokers out there.

As for this law...it seems like the three strikes policy can be both good and bad. It does put away career violent criminals, but prosecutors should be given a little leeway with it to avoid sending guys away for life for things like stealing pizza.

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xxdr_zombiexx

Freedom's just another word for "nothin' left to lose"......

Three strikes "frees up" an individual to do their worst.....

There is no substitute for a properly trained judge and properly run trial (hah!) to ensure the most appropraite consequences for a given action.

People need to NOT be jaile forever becasue they stole pizza or tennis shoes....or touched mary-ju-wanna

Niteshift

Is everyone ignoring the fact that 3 strikes has nothing to do with misdemeanors, which is what most possession charges are?


"The law doubles the sentence faced by felony defendants with one previous serious or violent felony conviction, a list that ranges from murder to burglary."


The whole "pizza thief" thing was the exception, not the rule. His theft was a felony because of the circumstances. If you start ruling out all offenses that don't involve actual violence, you still leave open things like burglary, certain robberies and things like car theft, aggravated assault and other crimes.

I would assume a suspect, on the brink of getting arrested for a 3rd felony, is more likely to use violence on police officers. Increasing the number of shootouts, high speed chases and officers killed in action.

Sometimes, but sometimes people act the same way as first offenders.

This was a big concern when the law initially passed, but so far, after 10 years of it, there has been no real noticeable change.

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