Three Strikes
by George Kennedy, District Attorney, Santa Clara County

I observed first-hand during the many years I have worked as a law enforcement professional, that a small percentage of high-propensity criminals are responsible for most of the crimes committed. Therefore, I worked for passage of a 3-strikes law and have been the leading advocate for it in Santa Clara County. I vigorously enforce the law adopted by the people of California. Although the law I supported did not allow judges to reduce 3-strikes cases, the Supreme Court gave judges that power in People v. Romero. However, judicial reduction has been relatively rare when the judges are confident that a solid case has been brought to them, as is their experience with my office.

My policy (http://claraweb.co.santa-clara.ca.us/da/hot.htm) was first published April 19, 1994, shortly after enactment of California’s 3-strikes initiative. It states that all persons eligible for 3-strikes sentences will be charged as 3-strikes offenders and that no reductions in charges can be made by any deputy district attorney without the concurrence of a majority of a designated team of senior assistant district attorneys and teamleaders involved in prosecuting career criminals. Plea-bargaining is forbidden and has not occurred. Any reductions can only be based on lack of evidence to prove the defendant has the required prior offenses, or because it would be unjust for the defendant to receive life in prison under the given circumstances. The reasons for reduction decisions that have been made were made unanimously by the five experienced, demanding members of the oversight group. All reductions are stated in open court for the public record and scrutiny.

Typically reductions have been in cases of minor thefts by persons without violent histories. An example might be the case of someone arrested for shoplifting a steak from a supermarket. Such an offense, which on its own would be a misdemeanor, becomes a felony when one has a record of prior convictions which would qualify him/her as a 3-strikes offender. By reducing such a case to a 2-strikes case, the offender, if convicted, would not receive a life sentence, but  is still eligible for six years, or much more, in state prison. Even after reduction, some such offenders have received up to 50 years in prison. Using the team process described to assure that public safety is not compromised, my office has asked the Courts to reduce 45% of relatively minor non-violent offenses. I believe this to be consistent with public indication that it does not want criminals to serve life in prison for minor offenses, unless, of course, they are dangerous.

However, I am proud to cause life sentences for such minor offenses if the offender has a history of violent or serious offenses. Although my office has been criticized (e.g. San Francisco Focus excerpt September 9, 1997 ) for going to trial and obtaining potential life sentences in cases such as one involving theft of a bicycle from the Stanford campus and another involving theft of pants from a Mervyn’s department store, I am confident I acted in the best interests of this community. Both thieves were career criminals who made their living by hurting others whenever they were out of custody. In these and similar cases, I am proud to fully prosecute violent offenders and to remove them from society, even if the current charge is minor. Only 3% of violent or serious 3-strikes cases have been reduced.

Through the California District Attorneys Association, I have worked with 3-strikes sponsor Mike Reynolds to achieve passage last year of additional reform: 10-20-Life. This provides a 10-year additional penalty for using a firearm in a felony, a 20-year additional penalty for discharging a firearm while committing a felony, and an additional term of 25-years-to life for causing great bodily injury to another by discharging a firearm while committing a felony. (See California Penal Code Section 12022.53)

As your District Attorney I have aggressively pursued, and will continue to most aggressively pursue, the safety of Santa Clara County and its residents.