Three Strikes Laws

In the mid-1990s, policymakers in more than half the states and the federal government responded to escalating crime rates and a series of sensationalized crimes by passing laws that imposed lifetime sentences on repeat offenders. Since then, the Three Strikes and You're Out movement, which embodies the overall get tough with crime approach to criminal sentencing, has generated much controversy. Critics argue that Three Strike laws are disproportionate, costly, and inefficient. Supporters, however, argue that the laws are effective, necessary, and just. Despite the controversy, Three Strike laws are still popular more than a decade after their implementation. Attempts to reduce the scope and/or severity of Three Strike policies have failed and the laws continue to affect thousands of offenders each year. Setting the record straight, Walsh provides a clear, comprehensive overview of the movement and its consequences. Do Three Strikes laws really prevent crime? Do they cost less than releasing repeat offenders time and time again? Are they evenly and fairly applied? These questions and more are answered in these pages through a careful analysis of the costs, benefits, and results of Three Strikes legislation. Walsh analyzes the historical development of the Three Strikes movement in the context of get tough sentencing reforms and provides detail about the various Three Strikes statutes adopted across the nation, while offering an in-depth exmamination of the controversies they have produced. Amid efforts to repeal or revise such statutes, the laws still stand, and this book sheds light on the history of, rationale for, and results of one of the most controversial criminal justice movements of our time.

"[A] major study of this unique legislation.... [It] is, quite simply, required reading for anyone interested in crime policy in California, the United States in general, or any modern democratic nation....In an area drenched with emotionalism, the authors have produced a study that is analytically incisive in setting up its categories, conscientious in collecting its data, and judicious in reaching its conclusions. It is also highly readable."--Law andPolitics Book Review "This book is an exemplar of criminology, the science of law-making, law-breaking, and law-enforcing. [The book] will stand for years as both a substantive and methodologicallandmark."--Lawrence W. Sherman, Director, Jerry Lee Center of Criminology, University of Pennsylvania "This would be a better society, with more just and humane policies, if people in authority read and paid attention to this brilliant, closely-reasoned and intensely significant book."--Lawrence Friedman, Stanford Law School

The California Three Strikes law was passed in 1994 as a wave of "strike" laws swept the United States. California's law was unique, however, because people convicted of possession of a small amount of narcotics or who committed petty crimes like shoplifting were receiving life sentences. Kieso studies prosecutorial discretion, judicial discretion, jury discretion with a focus on the inconsistencies in California's usage of its Three Strikes law. Contrary to the U.S. Supreme Court's 2003 decision, Ewing v. California, which upheld the law and to public perception, Kieso demonstrates that many unjust cases result from flaws in California's political system.

Callanan (sociology, California State U.-San Marcos) analyzes how a 1993 proposal to change California law to punish third-time offenders more harshly was making little headway despite the support of many powerful conservative organizations until a heavily publicized kidnapping and killing, after which it quickly became law. Her topics include understanding American punitive attitudes, media and public opinion of crime, modeling support for three strikes, and explaining punitiveness. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).

From an award-winning journalist comes an investigative look, through the stories of people on both sides of the law, at the development and impact of the three strikes legislation in California.

In September 1996, fifty-three year old heroin addict Billy Ochoa was sentenced to 326 years in prison. His crime: committing $2100 worth of welfare fraud. Ochoa was sent to New Folsom supermax prison, joining thousands of other men who will spend the rest of their lives in California's teeming correctional facilities as a result of that state's tough Three Strikes law. His incarceration will cost over $20,000 a year until he dies. Hard Time Blues weaves together the story of the growth of the American prison system over the past quarter century primarily through the story of Ochoa, a career criminal who grew up in the barrios of post-World War II L.A. Ochoa, who had a long history of non-violent crimes committed to fund his drug habit, who cycled in and out of prison since the late 1960's, is a perfect example of how perennial misfits, rather than blood-soaked violent criminals, make up the majority of America's prisoners. This is also the story of the burgeoning careers of politicians such as former California Governor Pete Wilson, who rose to power on the "crime issue." Wilson, whose grandfather was a cop murdered by drug-runners in early twentieth century Chicago, scored a stunning come-from-behind re-election victory in 1994. In so doing, he came to epitomize the 1990s tough-on-crime politician. Award-winning journalist Sasha Abramsky uses immersion reportage to bring alive the political forces that have led America's prison and jail population to increase more than four fold in the past twenty years. Through the stories of Ochoa, Wilson, and others, he explores in devastating detail how the public has been manipulated into supporting mass incarceration during a period when crime rates have been steadily falling. Hard Time Blues deftly explores the War on Drugs, the Rockefeller Laws, the growth of the SuperMax Prisons, the climate of fear that led to laws such as Truth-in-Sentencing, and how the stunning repercussions of imprisoning two million citizens affect all of America. In the tradition of J. Anthony Lukas's Common Ground and Melissa Fay Greene's The Temple Bombing, Abramsky explores this new and dangerous fault-line in American society in a dramatic and compelling manner. From the opening courtroom scene through the final images behind the electrified fences of the nation's toughest, meanest prisons, Abramsky paints a grimly intimate portrait of the players and personalities behind this societal earthquake. Hard Time Blues combines a sense of history with a powerful narrative, to tell a story about issues and people that leads us to understand how The Land of the Free has become the world's largest prison nation.