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Three Strikes: The New Apartheid

NCJ Number
162983
Author(s)
C Davis; R Estes; V Schiraldi
Date Published
1996
Length
8 pages
Annotation
In California, the three strikes law has increased criminal justice caseloads, caused some nonviolent offenders to receive life sentences, and disproportionately targeted minorities for prosecution.
Abstract
While 94 percent of all felony cases are disposed of through plea bargaining, fewer offenders are choosing this option in the area of three strikes. Fully 85 percent of those sent to State prison under the three strikes law are sent for nonviolent offenses. Officials estimate that jail and legal system costs in Los Angeles County resulting from the three strikes law may reach $300 million a year. While blacks make up 7 percent of California's population and constitute 23 percent of felony arrests, they represent 31 percent of the prison population and 43 percent of three strike defendants sent to State prison. Nearly 4 in 10 young black males are under some form of criminal sentence. The authors believe that politically expedient "get tough" stances have monopolized the crime debate and that political one-upmanship associated with the three strikes law has produced punitive, expensive, and racially disparate criminal justice policies. Because three strikes legislation is inherently susceptible to bias, they recommend abolishing the law, establishing a sentencing commission, enacting a Community Corrections Act, and conducting aggressive outreach to black communities. 12 references and 4 graphs