Pubdate: Wed, 10 Mar 1999 Source: Bakersfield Californian (CA) Contact: http://www.bakersfield.com/ Copyright: 1999, The Bakersfield Californian. Author: William Woodruff, deputy district attorney for Kern County COMMUNITY VOICES: THREE STRIKES LAW PUT INTO PROPER PERSPECTIVE A recent Community Voices article attacked California's Three Strikes law as unfair. In it, the author mentioned several specific reasons why he thinks the law is unfair. Unfortunately, though, every point he used to support his opinion was factually incorrect. I am writing to correct the author's misunderstandings. First, the author wrote: "With two strikes, a misdemeanor offense is turned by the court into a felony...." Not true. Fact: The Three Strikes law does not (and cannot) turn any misdemeanor into a felony. Second, the author wrote (for prior offenses to be strikes) "it doesn't matter ... if they were violent or non-violent." Not true. Fact: Only crimes specifically identified by the Legislature as serious or violent crimes may count as strikes. Strikes are limited to stuff like murder, rape and kidnapping. To put this in perspective, crimes such as assault with a firearm, battery with serious bodily injury and possession of cocaine for sale are not strikes. Third, the author wrote, "Most of these three strikers are poor so they are assigned a public defender who go(es) through the motions of a jury trial." Fact: Some of the best (and hardest working) trial attorneys in town work for the office of the public defender. Fourth, the author wrote, "the final blow" is that a jury is not informed the defendant will receive 25 years to {??? - SNIP - ???} juries about a defendant's criminal history is to protect the defendant! The danger is that if a jury knows about a person's past especially something like two (or more) past violent felonies the jury might want the defendant out of the community (in jail) even if there is reasonable doubt that he committed the present crime. Additional fact: No one knows what a defendant's sentence will be until long after his trial is completed. If we told a jury during trial "the defendant, if convicted, will receive 25 years to life," we would be misinforming the jury. No one knows what the sentence will be until the judge considers all available information regarding the defendant and decides accordingly. If, for example, a defendant has two past violent felonies from 30 years ago, but has led a law-abiding life since, a judge would likely dismiss one or both of the strike priors. The author then wrote, "The three strikes law hasn't stopped, or even slowed crime." His proof is that he watches the news and "it appears crime is increasing." In contrast, the Department of Justice Crime statistics for 1998 show that statewide, every class of violent crime is down 20 percent or more over 1997. I don't know whether three strikes is the only reason, but clearly things are getting better. William L. Woodruff is deputy district attorney for Kern County. Community Voices is a reader commentary on an issue of high community interest and importance. Because of the nature of their content, Community Voices articles are allowed to exceed the 250-word letter-to-the-editor limit. - --- MAP posted-by: Rich O'Grady