Hard-liners in California assembly vow to fix 'three-strikes' law
June 22, 1996
Web posted at: 7 a.m. EDTFrom Correspondent Don Knapp
SAN FRANCISCO (CNN) -- California's Supreme Court may have handed thousands of convicted felons another turn at bat by ruling Thursday that judges have the discretion to reduce stiff sentences mandated under the state's "three strikes" law.
The law required a sentence of 25 years to life for defendants convicted of two previous "violent" or "serious" felonies, and then convicted of a third felony.
The only exception would be when a prosecutor decided a more lenient sentence was justified. But Thursday's ruling interprets the law as giving judges the same power as prosecutors.
"This is very much a turf battle, and it has been from day one," said Douglas Pipes of the California District Attorneys Association.
Pipes was already working on new versions of a three- strikes law to compel judges to issue tougher sentences.
But Charles James of the California Public Defenders Association says the law places authority that should rest with the judge in the hands of prosecutors.
The three-strikes law has so far forced longer sentences on nearly 19,000 criminals.
But Thursday's ruling said those already sentenced under it could seek new sentences.
Richard Miranda had two prior convictions for burglary when he got caught with a small amount of drugs.
"I was getting high, had a little bit, got pulled over and got caught with it and now I have to go to prison for 25 years," he said.
But now he could be out within a year.
Los Angeles District Attorney Gil Garcetti says he is disappointed with the court's ruling, but said it is not going to result "in a wholesale release of those individuals who have been sentenced to life in prison for three-strikes violations."
Opponents of the law say 85 percent of three-strike convictions were for non-violent crimes -- not the kind of criminals, they argue, who ought to spend life in prison.
Hardliners in the state legislature say they'll make a quick fix on the three-strikes law.
"You'll probably see Monday a bill on the floor of the assembly that will alter the constitution to allow us to go back to what the people voted for, basically getting the district attorney back into that process," said California assemblyman Richard Rainey.
Related story:
- California court strikes blow at 'three strikes' law - June 20, 1996
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