“In the Furtherance of Justice”: The Effect of Discretion on the ...

8. In your estimation, how <strong>of</strong>ten do judges in your jurisdiction strike priors in three-strike cases?
� Less than 20% <strong>of</strong> all three-strike cases � 61 – 80% <strong>of</strong> all three-strike cases
� 21 – 40% <strong>of</strong> all three-strike cases � More than 80% <strong>of</strong> all three-strike cases
� 41 – 60% <strong>of</strong> all three-strike cases
9. What factors do you feel judges consider in making a decision to strike a prior in a three-strikes case?
� Current <strong>of</strong>fense is trivial in nature � Defendant has never been to prison
� Prior strikes are remote in time � Defendant has no history <strong>of</strong> violence
� Prior strikes are from a singular incident � Defendant has no history <strong>of</strong> weapons use
� Defendant has no recent criminal history � Defendant has documented history <strong>of</strong> mental illness
� Defendant is not likely to re-<strong>of</strong>fend � Minimum sentence is too harsh
� O<strong>the</strong>r
� O<strong>the</strong>r
Personal Opinion
10. Beside each <strong>of</strong> <strong>the</strong> statements presented below, please indicate whe<strong>the</strong>r you Strongly Agree ( SA), Agree (A), Disagree (D),
Strongly Disagree (SD), or are Undecided (U).
SA A D SD U
a) <strong>The</strong> three-strikes law is an effective crime fighting tool � � � � �
b) Justice is promoted under <strong>the</strong> three-strikes law � � � � �
c) Permitting prosecutors to strike priors in three-strike cases promotes justice � � � � �
d) Striking priors in three-strike cases leads to unequal treatment among defendants � � � � �
e) Striking priors in three-strike cases distorts <strong>the</strong> intent <strong>of</strong> <strong>the</strong> law � � � � �
f) Judges should be permitted to strike prior convictions in three-strike c ases � � � � �
g) Judges strike prior convictions in three-strike cases more <strong>of</strong>ten than prosecutors � � � � �
h) <strong>The</strong> California state legislature should modify <strong>the</strong> current three-strikes law so that
only violent felonies qualify as third strikes � � � � �
i) Wobbler <strong>of</strong>fenses should never be counted as third-strike <strong>of</strong>fenses � � � � �
j) <strong>The</strong> enactment <strong>of</strong> <strong>the</strong> three-strikes law has made it more likely that serious
<strong>of</strong>fenders get <strong>the</strong> punishment <strong>the</strong>y deserve � � � � �
Demographic Information
11. On average, how would you describe <strong>the</strong> political climate <strong>of</strong> your jurisdiction relative to that <strong>of</strong> <strong>the</strong> state?
� Very liberal
� Somewhat liberal
� Moderate
� Somewhat conservative
� Very conservative
12. During <strong>the</strong> past four years, how has <strong>the</strong> importance <strong>of</strong> three-strikes to your constituents changed?
� Declined in importance
� Increased in importance
� No change in importance
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