3 strikes; you're out; maybe

THE LAW

The three strikes law was passed in March 1994 and reaffirmed by voter initiative the following November. It specified mandatory sentences of 25 years to life for three-time losers. Here is some of the rhetoric from emotional debates in the legislature and during the campaign:

We're going to start turning career criminals into career inmates.

• Gov. Pete Wilson

If Gov. Wilson really wants to become a profile in courage, he will lead the charge to get a rational dialogue going on this issue.

• Then-Assembly Speaker Willie Brown

There is no military solution to the deepening quagmire of crime.
I'm going to vote for these turkeys because my constituents want me to.

• Sen. Leroy Greene, D-Sacramento

It takes people being killed in tragic circumstances to get those elected to office to take these things seriously. I'm offended by it.

• Attorney General Dan Lungren

If this proposal is approved, I believe the civil judicial system will disappear.

• District Attorney James Fox of San Mateo County

We can't call ourselves leaders.

• Sen. Lucy Killea, I-San Diego

THE DECISION

The Supreme Court last June ruled unanimously that judges have discretion in sentencing three strikes felons. "The disposition of a charge is a judicial responsibility," wrote Justice Kathryn Werdager. The decision produced these comments:

The Supreme Court did the right thing. That's what we pay judges to do, to make that call.

• Municipal Court Judge Frank Brown, San Diego

If they (the justices) make bad decisions, they should be voted out. It is one of the worst decisions I have ever seen.

• Assembly Speaker Curt Pringle

The sound exercise of judicial discretion in appropriate cases is the very hallmark of the system of individualized justice.

• Superior Court Judge Paul Boland, Los Angeles

Three strikes was a message from the people of California to the worst of the worst criminals that if you commit a crime, you go to jail for up to 25 years.

• Assemblywoman Paula Boland, R-Granada Hills

A very traditional theme of conventional sentencing law. Judges must have some discretionary power to do justice.

• Peter Arenella, UCLA law professor

Judges cannot impose lighter sentences or disregard a defendant's prior felony conviction on a whim.

• Appellate Justice James Ardaiz

I'm very concerned that what criminals can read into this is that they can somehow squirm their way out in front of soft-on-crime judges.

• Mike Reynolds, father of slain Fresno 18-year-old

If you think the judges of the state of California are without courage and interested in coddling criminals, you're nuts.

• Assemblyman Phil Isenberg, D-Sacramento

The public wants laws that are harsh when it comes to repeat felons and career criminals. I think this opinion will go a long way toward reducing the effectiveness of the three strikes law.

• District Attorney Paul Pfingst of San Diego County

I think it's always a danger to limit judicial discretion.

• Michael Arkelian, California Public Defenders president

All the effort to remove crime in this state has been set back.

• Secretary of State Bill Jones, three strikes author

I don't think the Supreme Court ruling is going to make one bit of difference.

• Allan Abrahamuse, Rand Corp. researcher

The court changed three strikes and you're out to three strikes and maybe you're out. Like most people who supported three strikes, I was frustrated.

• Assemblyman Jan Goldsmith, R-Poway

Frankly, it's a very conservative decision by a very conservative court.

• Retired Appellate Justice Howard Wiener

This particular decision will make sure trial judges work to see that justice is done.

• Superior Court Judge James Bascue, Los Angeles

THE AFTERMATH

In the wake of the Supreme Court decision, the Assembly overwhelmingly passed legislation which allows judges some leniency but mandates a third strike if the felonies were violent and relatively recent. However, the bill is now stalled in the Senate, amid angry charges and countercharges:

Today's decision to reject a well-crafted correction to the three strikes law demonstrates the Senate Criminal Procedure Committee's contempt for many Californians who live in fear of crime in their own homes.

• Gov. Wilson

This bill is unnecessary. We need more thoughtful analysis, not a rushed, panicky reaction designed to grab tough guy headlines.

• Senate President Pro Tem Bill Lockyer, D-Hayward

Democrats controlling the Senate undoubtedly are more concerned with the well-being of rapists, murderers and child molesters than they are with their victims.

• Sen. Rob Hurtt, R-Orange County

Petty thefts should not be part of three strikes.

• Sen. Richard Polenco, D-Los Angeles

(The bill) violates fundamental tenets of the administration of justice . . . I am persuaded more by the judges than I am by the district attorneys or prosecutors.

• Sen. Quentin Kopp, I-San Francisco

We worked so hard to get here. We cannot just stand by and let this law be weakened.

• Kelly Rudiger, crime victim, Sacramento

I've had a large number of jurors say to me, 'Judge, I can be fair, but is this a three-strikes case?'

• Superior Court Judge J. Stephen Czuleger, Los Angeles