SOME THIRD STRIKES JUST DON'T MAKE SENSE

REPEAT, violent offenders should be removed from society and locked up. You
won't find much disagreement with that statement, anywhere along the
political spectrum. The "Three Strikes. You're Out" law was passed to make
sure these violent criminals are off the streets.

But should a person go to jail for 25 years to life if the third strike is
a nonviolent felony, such as shoplifting? We don't think the legislators or
the public intended some of the consequences of the law. We support a bill
that would require the third offense to be a serious or violent felony to
count as a third strike.

Sen. Tom Hayden, D-Los Angeles introduced the bill that would alter the
Three Strikes law. "It's sending some pot smokers, petty thieves and other
nonviolent criminals behind bars for life, and that comes with a price
tag," said Hayden's chief of staff, Rocky Rushing.

One case that attracted headlines is that of Dennis Barnes, a Vietnam
veteran from South San Francisco with two prior violent felony convictions
for which he served time. He walked out of a drug store without paying for
some jars of instant coffee, was caught, charged and convicted of
commercial burglary - constituting his third strike. He was sentenced to 25
years to life.

Clearly 25 years to life is too harsh a punishment for stealing a couple of
jars of instant coffee. And from another angle, it will cost taxpayers an
estimated $477,434 to keep Barnes incarcerated for the rest of his life, if
he lives to be 72 years old, the average for an American male.

It doesn't make sense in terms of justice. It doesn't make sense financially.

Barnes is not alone. Even supporters of the current law estimate that 75
percent of third-strikers were incarcerated after committing a third,
nonviolent crime. The huge percentage of people caught up in the Three
Strikes law for a third nonviolent crime indicates the net, as it is
currently constructed, is too broad.

In these cases, individuals are being punished again for crimes for which
they have already paid. While each person clearly made a third and fateful
mistake, the commission of a nonviolent crime does not indicate the person
is still violent and dangerous.

Some law enforcement officials feel the changes that have been made to give
prosecutors more discretion in deciding what to charge as a third strike
are enough to temper the most Draconian abuses of the law. However, the
Barnes case is an indication that the Three Strikes law still needs some
adjustment.

Lock up violent repeat offenders, yes. But spending hundreds of thousands
of dollars to incarcerate a shoplifter just doesn't make sense.