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Debate: Abolish death penalty, ammend three strikes?

  • Marc Klaas points his finger like a gun while telling the story of the murdered Kimber Reynolds as he outlines his opposition to Prop 36 during the "Changing Criminal Justice in California" forum at Congregation Shomrei Torah in Santa Rosa, California on Sunday, October 14, 2012. Klaas is joined by Prop 36 supporter Steve Fabian, and forum moderator and District Attorney of Sonoma County Jill Ravitch.(BETH SCHLANKER/ The Press Democrat)

Conflicting ideas about justice and public safety, underlined by economic considerations, emerged in a public forum Sunday on two state ballot measures that would abolish the death penalty and amend the three strikes law.

"If it's not broken, you don't fix it," child safety advocate Marc Klaas said, asserting that California's three strikes law has "worked superbly" since voters approved it in 1994, a year after his daughter, Polly, was abducted from her Petaluma home and murdered by a repeat offender.

"You have half the chance of being the victim of a violent crime than we did in 1994," Klaas told about 150 people attending a forum called "Changing Criminal Justice in California" at Congregation Shomrei Torah in Santa Rosa.

Richard Allen Davis had been sentenced to more than 200 years in prison before he killed Polly, her father said, but knew he would be released in a few years in each case.

"He wanted to avoid AIDS by getting a young one," Klaas said in an impassioned presentation, wearing a button with 12-year-old Polly's face on it.

Steve Fabian, a Santa Rosa criminal defense attorney and American Civil Liberties Union board member, said Proposition 36 on the Nov. 6 ballot is a "very limited fine-tuning" of three strikes.

It would require that a third strike, triggering a sentence of 25 years to life, must be for a serious or violent crime rather than any felony, as the law now stipulates.

Of the 8,873 third strikers currently imprisoned in California, more than half — 4,676 — were convicted for nonviolent crimes such as drug possession and shoplifting, Fabian said.

Three strikers account for 6.6 percent of the state's 134,868 prison inmates, and Klaas said they are "absolutely and exactly where they need to be."

"No rapists or murderers will benefit from Proposition 36," Fabian said, noting that convicts would be eligible for re-sentencing only if their third strike was nonviolent; none of their prior convictions were for rape, murder or child molestation; and a judge determined they were not a threat to public safety.

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