FACT SHEET & REFERENCES

Posted: Wednesday, August 8, 2012 by CSULB Nursing Student Editors in
4


Vote YES on Proposition 36: Three Strikes Reform Act of 2012

What is Prop 36?

Proposition 36: a change in the “Three Strikes Initiative of 1994” will be on the November 6, 2012 ballot as an initiative state statute. (Mercury News, 2012)  If approved, Proposition 36 will change some aspects of the original “Three Strikes” law that was approved by the state voters in 1994. According to the Legislative Analysts’s Office: This measure will reduce prison sentences served under the three strikes law by certain third strikers whose current offenses are nonserious, non-violent felonies. The measure will also allow resentencing of certain third strikers who are currently serving life sentences for specified nonserious, non-violent felonies. (Legislative Analyst’s Office, 2012)

Why Vote YES on Prop 36?

Proposition 36 helps promote the ethical principle of justice, more specifically retributive justice; the proportionate and reasonable penalty for a misdeed or wrongdoing. By supporting proposition 36, nurses would be following provision 8.2 of ANA’s Code of Ethics in that “nurses have a responsibility to be knowledgeable about the health status of the community and existing threats to health and safety.” (The American Nurses Association, 2001)

Related to Factors:

·         Proposition 36 would, “restore the voter’s original intent to put violent and dangerous criminals behind bars forever”. (Yes on 36, 2012)

·         Data collected from the Legislative Analyst's Office as of December 2004 shows that less than half of strikers are incarcerated for serious/violent commitment offenses. A total of 56% of second and third strikers committed nonserious/nonviolent crimes. ( Brown & Jolivette, 2012)

·         The non-partisan Legislative Analyst's Office calculated that Prop 36 could save over $100 million every year to fund schools, prevent crime, and decrease the need for tax increases by reducing the costs of incarcerating and providing health care for aging non-violent inmates. ( Brown & Jolivette, 2012)

·         A sociology professor from UC Riverside, Robert Parker, analyzed national crime data and found that the crime rates in California have decreased similar to other states that enforce the three strikes law and those who do not… suggesting that whatever is driving the trend in violent crime over the last 46 years in these states it is not the three-strikes policy” (Miller, 2012).

·         If proposition 36 passes, it would be following the constitutional principle of proportionality that is stated in the 8th amendment (ACLU, 2002). The 8th amendment prohibits the federal government from imposing cruel and unusual punishment (Cornell University Law School).

Visit our blog:

http://proposition36.blogspot.com/ or contact us at proposition36@gmail.com







Sources for Additional Information:

B. Brown & G. Jolivette (2012). Retrieved from:
          http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm#crim justice system

Civil Liberties Union. (2002). Retrieved from: http://www.aclu.org/racial-justice_prisoners-rights_drug-law- reform_immigrants-rights/10-reasons-oppose-3-strikes-youre-
Legislative Analyst’s Office (2012). Retrieved from:
         http://www.lao.ca.gov/ballot/2012/36_11_2012.aspx

Mercury News. (2012). Retrieved from: http://www.mercurynews.com/breaking-news/ci_20834815/food-labeling-3-strikes-join-crowded-nov-ballot

Miller, B. (2012). Retrieved from: Three-strikes law fails to reduce crime. UCR Today. Retrieved from: http://ucrtoday.ucr.edu/3557
The American Nurses Association (2001). Retrieved from: 
http://www.nursingworld.org/MainMenuCategories/EthicsStandards/CodeofEthicsforNurses/Code-of-Ethics.pdf

Yes on 36, Three Strikes Reform (2012). Retrieved from:  http://www.fixthreestrikes.org/about



LIFE FOR DONUTS?!

Posted: by CSULB Nursing Student Editors in
0


FULL LEGAL CONTENT OF PROP 36

Posted: Tuesday, August 7, 2012 by CSULB Nursing Student Editors in
0

FULL TEXT - PROP 36 Initiative Statute 1530. (11-0057)

"Revises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: State savings related to prison and parole operations that potentially range in the high tens of millions of dollars annually in the short run, possibly exceeding $100 million annually in the long run. Increased state and county costs in the millions to low tens of millions of dollars annually in the first few years, likely declining substantially in future years, for state court activities and county jail, community supervision, and court-related activities."

* All the full legal content of ballot measures of 2012 can be accessed through the California Secretary of State Debra Bowen under Elections (Qualified Statewide Ballot Measures)

READY TO VOTE?

Posted: Thursday, August 2, 2012 by CSULB Nursing Student Editors in
0


How to Register to vote?

In order to vote in California, you must be:
1.        A U.S. citizen
2.       A resident of California
3.       18 years of age or older on Election Day.

& ...
Not in prison or in county jail, or on parole, post release community supervision, or post sentencing probation for a felony conviction, and not found by a court to be mentally incompetent.
** More information about the voting rights of currently or formerly incarcerated Californians could be found from HERE



California Registration DEADLINES!

Your Registration must be postmarked NO LATER THAN: October 22, 2012.
The Election date = November 6, 2012



HOW to Register?

1. Complete your Voter Registration form ONLINE, Then Print it, Sign it, and Mail it directly to the County Elections Office address that is pre-printed on the form.

OR

2. You may pick up a Voter Registration form at your County Elections Office, Library, or U.S. Post Office. 


HOW to find your polling place?

Click HERE to find your polling place by the county you live in.



ALL THE INFORMATION PROVIDED ABOVE CAN BE FOUND FROM: LINK - THE CALIFORNIA SECRETARY OF STATE DEBRA BOWEN WEBSITE**


Interesting Research Article with updated data

Posted: by CSULB Nursing Student Editors in
0

Research Article from the Center on Juvenile & Criminal Justice

Please check out this link for the interesting article.  This research article was updated as of April 2011 presenting that California's "Three Strikes And You're Out" Law has NOT reduced violent crime.


For Better Understanding of the effects of the Three Strikes Law...

Posted: by CSULB Nursing Student Editors in
3

In order to better understand the effects of the Three Strikes Law, few charts are uploaded with important terms & graphs in criminal sentencing.


Few important terms to keep in mind:
1. Felony: Most serious type of crime and offenders who commit felonies may be sentenced to state prison
2. Violent Offense: State law (Penal Code 667.5) defines some felonies as "violent" E.g. murder, robbery, rape, and other sex offenses

3. Serious Offense: State law (Penal Code 1192.7) defines some felonies as "serious" that also includes the same offenses as violent felonies, but also include other offenses such as burglary of a residence and assault with intent to commit robbery



 

Three Strikes Prior Law
V.S.
Current Law

An example scenario with an offense of burglary of residence or robbery would result in:

1. 2 years to serve in prison under both the prior and current law
    FOR any felony with NO PRIOR FELONY

2. 4.5 years to serve in prison under prior law; 10.4 years to serve in priosn under current law
   FOR any felony with ONE PRIOR SERIOUS/VIOLENT FELONY

3. 2 years to serve in prison under prior law; 25 years to life under current law
   FOR Nonviolent/nonserious felony with TWO PRIOR SERIOUS/VIOLENT FELONIES

4. 7 years to serve in prison under prior law; 25 years to life under current law
   FOR Serious/Violent felony with TWO PRIOR SERIOUS/VIOLENT FELONIES


The impacts of the Three Strikes Law on the Criminal Justice System:

The growth of the second & third striker inmate population from 1994 thorugh 2004 noted.  Keep in mind that roughly 1/3 strikers convicted for crimes against persons (approximately 37%), such as robbery & assault.  The rest of 63% were not a serious/violent crime against persons.  The 30% of total offense was under Property Crimes category such as Burglary or petty theft,  23% for Drug Crimes including the possessions & sales, and other 10% was for other crimes such as possessions of weapons.

In addition, the data collected as of December 2004 shows that less than half of strikers are incarcerated for serious/violent commitment offenses.  Total of 56% of second and third strikers commited nonserious/nonviolent crimes. 

Lastly, few research data shows decreased crime rates of both property & violent crimes after the implementation of Three Strikes Law, however, such data needs more research in order to analyze the  full effects of the Three Strikes Law before assuming or interpreting in a biased way.



All the information + charts + graphs are retrieved from the link below:
Three Strikes - The Impact After More Than a Decade (2005)



Additional Links & References

Posted: by CSULB Nursing Student Editors in
0

The lists of additional links and references for more information are available on the REFERENCES/LINKS page on the leftside bar under *Pages*

Please check out other links for more viewpoints & opinions of others.

Opponents' Arguments present...

Posted: by CSULB Nursing Student Editors in
4

Mike Reynolds -- Author of the language for California's Three Strikes Law.
"Once someone has been convicted of two serious or violent offences, I suggest it's pretty clear what they are capable of. If this passes, we are likely to see property crimes going up all over the state, and in very short order"

"California saw a 37% drop in crime in the first 4 years after implementing the Three Strikes"

"If criminals are ont he street, especially repeat offenders, what are they going to be doing?"

"While all states have seen drops in crime, none have as much as in California [with Three Strikes]"

The Standford Daily News Article regarding Three Strikes Law ballot initiative
* The link above is the same article as the previous post


With that in mind, what could be the false interpretation of the decreased crime rate in California? Please voice your opinion at the comment box
(Click the word balloon at the top right corner to comment)

WHY say YES to Prop 36?

Posted: by CSULB Nursing Student Editors in
0

According to Michael Romano, the director of the Three Strikes Project...

"A life sentence for petty theft or drug possession is EXCESSIVE."

"The law has sentenced people to life imprisonment for relatively small crimes, such as drug possession or petty theft."

"Laws come and laws go, ... The question is which ones work and which ones don't."
The Standford Daily News Article regarding Three Strikes Law ballot initiative

The link above will direct you to the original article by Neel Thakkar, published on November 29, 2011 to show both view points of Pros & Cons to Three Strikes Law

Three Strikes proposed law tries to restore intent

This second link provides a different viewpoint & interpretation that might help people to make decision

What is it mean to say YES to Prop 36?

Posted: by CSULB Nursing Student Editors in
2

YES vote means:

"Some criminal offenders with two prior serious or violent felony convictions who commit certain nonserious, non-violent felonies would be sentenced to shorter terms in state prison. In addition, some offenders with two prior serious or violent felony convictions who are currently serving life sentences for many nonserious, non-violent felony convictions could be resentenced to shorter prison terms. (Legislative Analyst's Office, 2012)

The YES vote promotes for the punishment to fit the crime -- ensuring that non-violent offenders are not a continuing drain on valuable State resources that could be utilized effectively in other areas that are in need.

Summary of Prop 36

Posted: by CSULB Nursing Student Editors in
2


The Proposition 36 -- Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute -- is updated/submitted on July 18, 2012 available for voters to see online, Legislative Analyst's office website.

Proposition 36 Background + Proposal + Effects

The link above will direct you to more information about this ballot including the summary of fiscal impact, background, proposal, and the thorough explanations of a Yes/No statement measures.  This link contains the legal content of the Proposition 36 as well as other ballots of 2012.