Unjust Sentencing And The California Three Strikes Law

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.

"Getting tough on crime" has been one of the favorite rallying cries of American politicians in the last two decades, and "getting tough" on repeat offenders has been particularly popular. "Three strikes and you're out" laws, which effectively impose a 25-years-to-life sentence at the moment of a third felony conviction, have been passed in 26 states. California's version of the "three strikes" law, enacted in 1994, was broader and more severe than measures considered or passed in any other state. Punishment and Democracy is the first examination of the actual impact this law has had. Franklin Zimring, Sam Kamin, and Gordon Hawkins look at the origins of the law in California, compare it to other crackdown laws, and analyze the data collected on crime rates in Los Angeles, San Diego, and San Francisco in the year before and the two years after the law went into effect. They show that the "three strikes" law was a significant development in criminal justice policy making, not only at the state level, but also at the national level. They conclude with an examination of the trend toward populist initiatives driving penal policy. The importance of the subject and the stature of the authors make this book required reading for policy analysts, criminal justice scholars, elected officials, and indeed any American seeking to know more about "get-tough" criminal sentencing.

The authors report on the benefits and costs of California's new mandatory-sentencing law, which provides for progressively longer sentences with an increasing number of prior convictions for serious felonies. The authors find that the new law, if fully implemented, will decrease serious crime committed by adults by about 28 percent at a cost of an extra $5.5 billion a year. Alternatives that narrow the law's application result in a lower benefit but an even greater reduction in costs. The authors were also able to devise an alternative that resulted in the same crime-reduction benefit for lower cost. The authors conclude that the state budget cuts required to fund the new law will be so great that it is unlikely to be fully implemented.

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 dozen papers from an October 1994 conference of the California-based Association for Criminal Justice, consider the spate of recent state laws that mandate locking up criminals and throwing away the key. They discuss legal and historical issues; implementing the laws; the impact on the police, cou