NCJ Number
163464
Date Published
1996
Length
20 pages
Annotation
The effect of California's three strikes law on the courts and on criminal justice policies is analyzed in the context of previous legislation in New York, Massachusetts, and Michigan that responded to criminal justice "panics."
Abstract
The Rockefeller drug law passed in New York in 1972 stipulated a mandatory life sentence for anyone convicted of selling or possessing drugs. This law also prohibited plea bargaining, eliminated parole, and proposed mandatory life sentences for those convicted of committing violent acts while under the influence of drugs. Although some of the Rockefeller law's stiffest provisions were ultimately watered down in the face of opposition from defense attorneys, prosecutors, and judges, the final version of the law was extremely harsh: increased sentence severity for certain drug offenses, established new ways of doing business in the courts, and created grossly inequitable sentences for a few offenders. Overall, however, the Rockefeller law had a very limited effect on street drug availability and court operations. Studies of mandatory sentences for gun possession in Massachusetts and Michigan showed that officials bent the laws to fit existing policies or ignored them to the extent they were incompatible with accepted practices. The impact of three strikes laws is assessed in terms of historical experience, judicial discretion, political rhetoric, and adaptation to the laws by courts. The authors project that the implementation of three strikes laws will be uneven in California and that disparities and inequalities will continue. 20 references and 15 notes