The California Court of Appeals did the public a service by deciding Thursday that left-wing LA District Attorney George Gascon has to do his job.
Gascon, one of a slew of district attorneys elected with Soros’ help, is transforming Los Angeles into a crime-infested risk zone with killings at a 15-year high.
This is the reality of most Soros DAs and others who pursue similar practices, with murder rates increasing in Philadelphia, St. Louis, Chicago, and other cities.
Lower Jail Rates
These attorneys boast that they want to lower jail rates and sentence durations for mercy and “fairness.”
Never forget the price of mercy for crime victims when severe criminals are freed.
LA DA George Gascon backtracks: LA Sheriff did NOT agree teen sentence https://t.co/6NJOxNjGC9
— Daily Mail US (@DailyMail) June 5, 2022
The question for the California Appellate Court was Gascon’s “special direction,” instructing deputy district attorneys not to apply the “three strikes” legislation.
This demands a 25-year-to-life prison sentence for a third major or violent felony.
Californians passed the law by statewide vote, stating the sentence “must be” 25 years in jail and prosecutors “must admit and prove all known past serious or violent felonies.”
Gascon defied the law by refusing to enter past convictions into the database.
When challenged by the Association of Deputy District Attorneys, Gascon established two points. He said the law breached his executive powers and the balance of powers.
As a policy concern, he said he wanted discretion because “there is no strong evidence” that lengthier sentences “enhanced public safety,” but they “contributed to prison congestion [and] worsened justice system inequities.”
The California Appeals Court dismissed separation-of-powers arguments. It did so under California law, but its logic should be national.
In a lengthy and persuasive discussion, the court noted the district attorney “is an elected person who must follow the law, not a sovereign with unfettered, unchallengeable discretion.”
If a legally passed law says “must” or “shall,” a government official must not disregard it.
The Court found “The [Three Strikes] statute leaves no discretion for a prosecutor [like LA DA Gascon] to act on his or her own judgment or opinion concerning the propriety of pleading a prior strike.”
— Nathan Hochman (@NathanHochmanAG) June 2, 2022
Gascon isn’t wrong regarding his legal duties. His policy choices are disastrous; his boasts about draconian sentences are laughable.
Before California passed the three-strike statute in 1994, violent and property offenses surpassed 5,000 per 100,000 population.
It can’t be a coincidence the rate plummeted to 3,000 in five years and to 2,000 when Gascon took office. Upon his election, the trend was reversed.
Even after accounting for pre-existing crime patterns, socioeconomic, demographic, and policy variables, a 2008 Santa Clara University study concluded the prevalence of a Three Strikes law is associated with decline in robberies, burglaries, theft, and motor vehicle theft countrywide.
“Only 1% of the populace commits most crimes, especially violent felonies,” says Sean Kennedy, a criminal policy advisor and senior fellow at the Maryland Public Policy Center.
Critics say offenders compound the severity of their actions until they are ‘immobilized’ or imprisoned for long terms.
Gascon and his colleagues, Soros DAs, are mistaken about the law and policy. They should be reined in by the courts and ousted by the voters.