Calif. Affirms Death Penalty, Amends 'Three Strikes' California voters rejected a ballot measure that would have ended the death penalty in the state. But they did pass a proposition that weakens the state's three-strikes law, which served as a model for other states around the nation.

Calif. Affirms Death Penalty, Amends 'Three Strikes'

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In California, voters defeated an initiative that would have abolished the state's death penalty because of the high cost of capital punishment. Voters did approve softening another key sentencing law - the three strikes law. NPR's Mandalit Del Barco has more on what both these votes will mean.

MANDALIT DEL BARCO: Proposition 34 would have abolished the death penalty in California, replacing it with life imprisonment without the possibility of parole. But voters decided to keep it on the books.

MARC KLAAS: And I guess the next step, then, is to start executing these monsters that exist on death row.

BARCO: Marc Klaas is the father of Polly Klaas, a 12-year-old girl who was brutally kidnapped, raped and murdered in 1993. Klaas says he's relieved that the man convicted of the crime will remain on death row.

KLAAS: They understand that for that worst 2 percent of murderers - those individuals who kill little children, who kill police officers, who are serial killers, who are mass murderers, who are psychopathic and show absolutely no remorse - those are the individuals that we can do without.

BARCO: There are more than 700 inmates currently on California's death row, 14 of whom have now exhausted all their legal appeals. It's still unclear when executions will resume in California. Former L.A. district attorney Gil Garcetti had joined with the ACLU, and a former head warden of San Quentin prison, to try to abolish the state's death penalty.

GIL GARCETTI: Both sides agree there's no deterrent, so what is it? It's revenge.

BARCO: Garcetti argues that California has spent $4 billion to house death row inmates and pay for their appeals; and though it still stands, Garcetti says the vote shows Californians increasingly oppose the death penalty.

GARCETTI: Look at how many voters, in 1978, passed the death penalty law that's in effect today. That's 71 percent. Now, we're down to 53 percent who favor the death penalty. They'll come over. So it's a matter of time; that's what it is.

BARCO: Californians did vote to change the state's three strikes law. The revision eliminates the mandatory 25-years-to-life sentence for a third felony, if that crime is nonviolent. As many as 3,000 prisoners could appeal their original sentences. That worries the author of the original three strikes law, Mike Reynolds.

MIKE REYNOLDS: It's going to destroy the deterrent value of the three strikes law. This is going to bring a lot more bloodshed; and a lot more cost to our state, in terms of crime and dealing with it.

BARCO: Los Angeles District Attorney Steve Cooley disagrees.

STEVE COOLEY. LOS ANGELES DISTRICT ATTORNEY: Hordes of people are not going to be released, not under this very modest proposal.

BARCO: Cooley says repeat offenders will still have to serve time, but those sentences now will be proportionate to the crimes. He says that's a practice L.A. County has already been doing successfully, for the past 12 years.

ATTORNEY: Our crime rates are the - 60-year low, here in Los Angeles County; we're not clogging our courts with the trials of a - relatively minor, non-serious, nonviolent felonies; and we're assuring proportionate sentencing based upon the nature of the new offense.

BARCO: Adam Gelb is director of the Public Safety Performance Project, at the Pew Center on the States.

ADAM GELB: Legally speaking, it's a modest change in the three strikes law. But politically speaking, it's a monster change.

BARCO: Gelb says until now, California has had the nation's harshest three strikes law. He says the vote to revise it confirms that people are tired of spending money on nonviolent offenders serving long prison sentences.

GELB: California helped start this three strikes trend many years ago; and this vote to scale it back is going to resonate across the country, for years to come.

BARCO: Gelb says this could mean other states will begin to reform their three strikes laws, too.

Mandalit Del Barco, NPR News.

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