3 strikes and Child Protection Act of 2004

In the upcoming elections of November there is a proposed change in the infamous California 3 Strikes Law. The proposed new law is designated as the 3 Strikes and Child Protection Act of 2004 and will be voted on in November. Once again, the politicians, professional jailers, and prison-keepers are attempting to mislead Californians, as well as distorting the facts.

If this new law is approved by California voters there will not be a release of violent or serious offenders. The newly proposed law states this clearly. What the passage of this law will do is eventually release prisoners who were sentenced under the existing draconian 3 Strikes Law. Again, this law will release non-violent, non-serious offenders only. It also increases the severity of punishment for crimes against children. It may also be pointed out that many prisoners who are in prison under the current 3 Strikes Law have already served years in prison.

The people of California are being asked to right a serious wrong in November. Many prisoners were sentenced for relatively minor non-violent, non-serious crimes. The resulting sentences were often as long, or, in some cases longer than received by individuals whom were actually convicted of murder and other heinous crimes.

There are people in California who value their pizzas, or CDs, to the point of agreeing that the theft of such articles justifies sentences of 25 years to life, or more. Others feel that the theft of golf clubs would also merit such sentences.

Courts, state and federal, including the U.S. Supreme Court, have ruled that the 3 Strike Law as applied in California, is not "Cruel and unusual punishment!" It is possible that these courts would not consider boiling a prisoner in old as "cruel and unusual punishment." These views can not be a true representation or reflection of most Californians idea of justice. The California 3 Strikes Law violates every principle of the punishment fitting the crime, politicians and lawyer's sophistry not withstanding.

Finally, we can address the myth that the extremely harsh 3 Strike Law of California has reduced the crime rate. Statistical data is available that shows that counties that have employed the 3 Strike Law less than Los Angeles or Sacramento counties, (which have employed the law more than other counties) have actually had less crime, rather than the opposite, as politicians and prisoner-keepers would have the public believe.

It is beyond the scope of this writing to produce lengthy statistical data - it is out there and available if one cares to look for it. To bring this myth to a close, it can be asked, how is it that other states with no 3 strike law have actually had their crimes rates reduced more than California or other states with some form of this law.

It is the hope of many that the people of California will not be duped by posturing politicians, professional jailers and their minions into no approving this act of justice on the November ballot.

- a California prisoner, June 2004

MIM adds: We have received many more articles from our comrades behind bars urging people to vote to modify the California Three Strikes Law in November. MIM believes the proposed new law does not go far enough, and it contains some significant errors, including keeping the Three Strikes law in any form, and specifically leaving "serious felonies" (non-violent) under the Three Strikes law (see MN304, July 2004). But any decrease in imprisonment would be progress. We just need to be careful not to advocate in favor of this ballot proposition as if everyone not covered by it deserves the criminal injustice they receive. Decreasing the application of the Three Strikes Law will be progress, but it will not stop the ongoing injustice of the system.