The Sky Isn’t Falling

Although outraged cries of “foul” greeted a controversial California Supreme Court decision last June on the state’s “three strikes and you’re out” law, the sky has yet to fall.

The high court ruled that the law permits judges to exercise some discretion in three-strikes cases in which imposing the mandated sentence would not be “in the furtherance of justice.” Judges could toss out prior convictions in determining whether an offender had committed a third felony, which would require a sentence of 25 years to life.

Judicial discretion--leniency when judges believe cases warrant it--is what supporters of the tough sentencing law wanted to eliminate, and the Supreme Court decision infuriated those who helped pass the three-strikes initiative in 1994. They feared that repeat criminals would once again be released from prison after short sentences to commit more mayhem. They also feared a deluge of resentencing requests from those convicted earlier.

Nearly a year later, however, the decision to give judges discretion still looks moderate and sensible. Los Angeles County courts have more third-strike cases than any others in the state but no deluge has occurred.

According to a recent report in the Los Angeles Daily Journal, a legal newspaper, only 100-plus third-strike convicts have had resentencing hearings here and only a handful received reduced sentences. According to somewhat varying data from the Los Angeles Superior Court and the district attorney and public defender’s offices, judges let stand the sentences of 80 to 96 of the defendants who sought reductions.

Among those few whose sentences were cut was Jerry Dewayne Williams, who received 25-to-life for snatching a slice of pizza from a group of youngsters; his previous convictions included robbery and drug possession. Williams’ term was reduced in January to six years, certainly stiff enough for the crime he committed.

Several legislators in Sacramento tried again this year to eliminate the judicial discretion in sentencing. Their legislation got nowhere, but supporters warn they might return the issue to the voters.

Sen. Barbara Lee (D-Oakland) has a better approach. By requiring that the third strike be a serious or violent felony, her bill, SB 1317, would give the justice system the muscle to deal with the state’s worst criminals while saving a sense of proportion--not to mention the costs of incarcerating less serious offenders for life. The full Senate could vote on this sensible measure next week and should pass it.