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Effect on a Local Criminal Justice System (From Three Strikes and You're Out: Vengeance as Public Policy, P 90-113, 1996, David Shichor and Dale K Sechrest, eds. -- See NCJ-163458)

NCJ Number
163462
Author(s)
R C Cushman
Date Published
1996
Length
24 pages
Annotation
The effect of California's three strikes law on criminal justice systems operating within local government units and challenges presented by the law are assessed.
Abstract
In California, the effect of three strikes legislation at the State level, especially on State prison systems, has received more press coverage than at the local level. This uneven coverage has made it difficult to accurately estimate the legislation's potential impact. Several California counties have conducted surveys to determine potential and actual effects of three strikes legislation. In particular, Santa Clara County issued a report in August 1994, less than 5 months after passage of the three strikes law. The county reviewed reports and press accounts to assess expected and actual effects of three strikes legislation at the local level. Santa Clara County determined thousands of three strikes cases are being prosecuted, the number of preliminary hearings and trials will increase, fewer felony cases will be settled in municipal courts, costs associated with defense representation by private attorneys will increase, case processing will be delayed, the pretrial jail population will increase, more high-security inmates will be jailed, increased court security will be needed, civil matters may be forced out by the criminal court workload, case backlogs will push less serious cases out, and justice expenditures will substantially increase. The Santa Clara County report and other county data indicate three strikes legislation should be viewed as part of a larger trend toward more stringent penalties, most three strikes offenders are being charged and convicted of nonviolent offenses, the three strikes law is not being applied uniformly in California's 58 counties, and jail crowding will become the new crisis. 20 references, 7 notes, and 1 table