Proposition 36: A Fool’s Reform of Three Strikes
In 1993 and 1994, I was involved in the passage of California’s Three Strikes law. Then Assemblyman Bill Jones introduced it in the Legislature, and Mike Reynolds pressed the initiative. I had a role, mainly exposing the legislative process to radio talk show hosts John and Ken, who then created a public outcry that changed California politics for, well, a year. I however was engaged in the discussions and debates about the scope and effect of the law.
One of the key debates about that three strikes law then was what should constitute a third strike. The Reynolds/Jones bill said the first two strikes had to be “serious or violent felonies,” but the third strike could be “any felony.” The theory was that a person who had committed two serious or violent felonies was probably a bad guy anyway, and if he (or she) still engaged in any criminal behavior, he (or she) should be isolated from the rest of us for the rest of his or her life. Some on the left tried to pass legislation that would require three serious or violent felonies before a life sentence would be imposed, but I was persuaded by the argument, made by Jones and Reynolds, that… Read More