Date of Award

2007

Degree Type

Thesis

Degree Name

Master of Public Administration (MPA)

Abstract

A report in 2006, on the current any type felony for Proposition 184 found that 56 percent of those in prison on second and third strike sentences were incarcerated for nonviolent crimes. (Martin, 2005). Two years after California's three strike law was implemented (in 1996), Vitiello wrote that "individuals were sentenced to life imprisonment for 192 marijuana users while only 40 convicted murderers, 25 rapists and 24 kidnappers have been sentenced to life" (p. 18).

From the time Proposition 184 (also known as the three strike law) was passed 12 years ago, there has been much controversy surrounding its implementation. The statute was passed in order to lock up multiple offenders. The legislatives intent in passing this law was to "ensure longer prison sentences and greater punishment, for those who have committed prior felonies" (Vitiello, p. 399). However, the debate lies in subsection 1170.12(c)(2)(A) of the statute which does not limit any type of felony considered a third strike and the variation between the way it is implemented county by county in California (Vitiello, p. 399).

The research effort explores how Proposition 184 could be changed to increase the effectiveness of the law and the benefit of equity in sentencing, instead of how it is implemented county by county in California. It will focus on a more just implementation of sentencing for this legislation, if it were amended to designate only violent crimes as the qualifying third felony conviction instead of any crime. It will analyze the anticipated benefit in California as a state, rather then parts of it. This study intends to address the issue of the third strike law which has an immediate relevance to current practices, procedures and policies of this law. (Leedy and Ormrod, 2005, p. 43). The researcher of this paper will be focusing on two in depth case studies from Santa Clara County and San Francisco County and comparing the uniformity of the law within these two counties. By analyzing these cases it will show the reader/policy makers two to three variations of how the law is being applied and implemented. From these cases the researcher will look at how the law or implementation could be improved or refined.

This study's data collection will focus on primary data collected from internet questionnaires collected from various District Attorneys, Public Defenders, and Alternate Defenders. Secondary data will be collected from Advocates of Prisoners Rights, American Civil Liberties Union (ACLU), Advocates of Proposition 66 (individuals who support the three strike law), Citizens Against Violent Crimes (A Committee that is dedicated to amending California's Three-Strikes Law, so that it only applies to violent and serious crimes).

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