Three Strikes Law

By Jan Scully

How has Jan Scully used the "Three Strikes Law" in Sacramento since it was implemented in 1994?

In order to answer your question and have a fair and rational discussion on this subject, it is important to establish just exactly what the Three Strikes Law entails.

First, the Three Strikes Law only applies to felony convictions. A misdemeanor conviction is not subject to the law in any manner.

Secondly, the Three Strikes Law does not apply to every prior felony offense. Not by a long-shot. In fact, a person's prior felony offense only counts as a "strike" if it is included on the list of "serious" and "violent" felonies. If a prior felony offense is not on the list of serious and violent felonies it can NEVER be used to increase punishment under the Three Strikes Law.

So, what felony offenses are included on the list of serious and violent felonies?

The list includes crimes such as murder, rape, child molest, assault with a firearm, armed robbery, burglary of an inhabited dwelling, shooting at an inhabited dwelling, kidnapping, arson and other similar offenses. Drug offenses, even drug sales offenses, do not qualify as strikes because they are not considered "serious" or "violent" under the law. Neither do felonies such as grand theft, auto theft, receiving stolen property, or any other crimes of that nature.

Thirdly, the law gives the District Attorney and any judge hearing the case authority to dismiss a strike allegation in the interest of justice; thereby eliminating the increased punishment associated with the strikes law in the appropriate circumstances. In other words, even though a felony defendant may have prior serious or violent felonies and be legally subject to the Three Strikes Law, the District Attorney has the discretion to prosecute the case without the strike allegation. A judge can also dismiss the strike allegation from the case if he/she believes the defendant does not deserve the increased punishment.

Before I was elected District Attorney of Sacramento County in 1995, I spent over 15 years as a line prosecutor and supervisor of various trial teams. Having come up through the ranks in this office, I am acutely aware of the power that is entrusted to me by the citizens of this county and the responsibility that comes with it. Well over a decade ago, I created a system of review for all Two Strike and Three Strike cases designed to ensure that the law is applied in a fair and even-handed manner. Every Strikes case is evaluated by one of my Assistant Chief Deputies to determine whether justice would be served by prosecuting it as a Three Strikes case, a Two Strikes case, or without any Strike allegations at all. This process takes place in every instance regardless of what deputy is prosecuting it, who the defendant is, who the defense attorney is, or what judge is presiding over the case.

When applied in a consistently fair and even-handed manner with an eye towards a punishment that truly fits the crime, the Three Strikes Law is a valuable tool for California prosecutors. For example, in 2008 my office prosecuted approximated 10,500 felony cases. In that same year, 21 felony offenders in Sacramento County were sentenced to 25 years to life under the Three Strikes Law.

Of those twenty-one felons:

• All of them had multiple prior convictions for serious or violent felonies - three of them had been previously convicted of murder
• Three were convicted of a new offense of armed robbery
• Two were convicted of a new offense of sexual assault (rape or child molest)
• Nine were convicted of a new offense of assault with great bodily injury, assault with a firearm, attempted murder, or murder, and
• Four others were convicted of a new firearms-related offense with prior convictions for gang assault, attempted murder, or other violent offenses.