Gavin Howe
Three-strikes laws, also known as habitual offender laws, have been implemented in the United States since at least 1952. These laws impose harsher sentences on individuals who have been convicted of certain felonies, usually violent or serious crimes, on multiple occasions. The purpose of these laws is to deter future similar behaviour and ensure that repeat offenders receive appropriate sentences. However, the constitutionality of three-strikes laws has been questioned, with critics arguing that they violate the Eighth Amendment's protection against cruel and unusual punishment and the proportionality rule in sentencing. While some court rulings have limited the law, the U.S. Supreme Court has upheld the constitutionality of imposing life sentences on repeat offenders, even for nonviolent or nonserious felonies.
| Characteristics | Values |
|---|---|
| Purpose | To drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes |
| Scope | Implemented in 28 states in the US |
| History | Implemented since at least 1952, the first true "three-strikes" law was passed in 1993 in Washington |
| Criticism | The punishment received for a conviction is extremely disproportionate to the crime, the law disproportionately affects minority populations, mentally ill and physically disabled defendants |
| Constitutionality | The US Supreme Court ruled it is constitutional to sentence a repeat offender to an indeterminate life sentence for the commission of a nonserious or nonviolent felony |
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What You'll Learn
The Eighth Amendment and cruel and unusual punishment
Three-strikes laws, which have been implemented in the United States since at least 1952, are habitual offender laws that impose harsher punishments on repeat offenders. These laws require a person who is convicted of an offence and has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction.
The Eighth Amendment to the United States Constitution prohibits cruel and unusual punishments. The debates that occurred while the states were deciding whether to ratify the Constitution offer some insight into the meaning of this clause. For example, Abraham Holmes argued that Congress might repeat the abuses of "that diabolical institution, the Inquisition", and start imposing torture on those convicted of federal crimes. Patrick Henry asserted that without a prohibition of cruel and unusual punishments, Congress could use punishment as a tool of oppression.
The Eighth Amendment's Cruel and Unusual Punishments Clause has been interpreted in different ways. Some argue that it only prohibits barbaric methods of punishment, while others believe it also includes disproportionate punishments. For instance, a life sentence for a parking violation would likely violate the Eighth Amendment. The use of solitary confinement and the administration of a three-drug "cocktail" to execute offenders have also been questioned as potentially violating the Eighth Amendment.
The three-strikes law has faced legal challenges on the grounds of cruel and unusual punishment. The law allows for a repeat offender to receive a prison sentence of 25 years to life for a non-serious or nonviolent felony, raising questions about the Eighth Amendment's protection against disproportionate punishment. In Ewing v. California, the U.S. Supreme Court ruled that it is constitutional to sentence a repeat offender to an indeterminate life sentence for a non-serious or nonviolent felony. However, other court rulings have limited the application of the three-strikes law, acknowledging the potential for cruel and unusual punishment.
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The proportionality rule in sentencing
The "three-strikes" laws, in place in 28 states, impose harsher punishments on repeat offenders. These laws require a person who is convicted of an offence and has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The rationale behind these laws is that repeat offenders are considered "unresponsive to incarceration as a means of behaviour modification" and undeterred by the prospect of prison.
However, the Court's opinion in Harmelin v. Michigan held that a mandatory term of life imprisonment without the possibility of parole was not cruel and unusual when applied to the crime of possession of more than 650 grams of cocaine. Justice Antonin Scalia's opinion denied the possibility of proportionality review altogether, arguing that cruelty and unusualness should be determined solely by reference to the punishment, rather than the crime.
Despite this, a majority of other Justices have indicated that they recognise at least a narrow proportionality principle. In practice, the Court has been reluctant to rule that the length of a criminal sentence violates the prohibition against cruel and unusual punishment. The three-strikes laws have been subject to legal challenges arguing that they violate the proportionality rule, as a relatively minor crime committed by a repeat offender could result in a much harsher punishment than a violent crime committed by a first-time offender.
In conclusion, while the proportionality rule in sentencing is a long-standing principle in the US Constitution, its application in practice is complex and subject to varying interpretations by the Courts. The three-strikes laws have been upheld as constitutional by the US Supreme Court, but they continue to be controversial and have been challenged on the basis of the proportionality rule.
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Juvenile convictions and multiple charges
Juvenile convictions can count as strikes under the three-strikes law in some states, such as California. In California, a juvenile conviction can impact an adult's sentencing if the child commits a serious or violent felony at the age of sixteen or seventeen. An offender must be at least sixteen or seventeen years old for their violent/serious felony to be considered a strike. If a minor commits a violent or serious offense at the age of sixteen or older, and the offense is listed under the state's Welfare and Institutions Act Section 707b, their juvenile criminal record will be taken as a previous strike when they are tried as an adult.
Juvenile courts are geared towards rehabilitation rather than punishment, and minors are generally not tried in adult courts. However, there are instances when minors are tried as adults in criminal courts, typically when they are aged sixteen or seventeen and commit serious or violent felonies. In these cases, an experienced attorney can ensure that the child receives the best legal representation in court.
In terms of multiple charges, the law requires strikers to serve their time consecutively, meaning one after another. Additionally, multiple strikes can be charged from a single crime or incident. For example, in California, a person can be charged under the three-strikes law for a non-violent felony, such as petty theft with a prior conviction, and receive a prison sentence of 25 years to life. This has raised legal questions about the Eighth Amendment's protection against cruel and unusual punishment and the proportionality rule in sentencing.
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Socioeconomic status and racial bias
Three-strikes laws, or habitual offender laws, have been implemented in the United States since at least 1952. These laws mandate harsher punishments for repeat offenders, often resulting in life sentences without parole. While these laws aim to deter and punish habitual offenders, they have also faced legal challenges and criticisms regarding their constitutionality, particularly in relation to cruel and unusual punishment and the proportionality of sentences.
The three-strikes law has been criticised for its disproportionate impact on racial minorities and individuals with low socioeconomic status. In California, for example, the law has resulted in a higher proportion of minorities, especially Blacks, being sentenced to life imprisonment, often for nonviolent offenses. This is indicative of a broader pattern where criminal legal policies disproportionately target and impact racial minorities, particularly Blacks, who are more likely to have criminal records due to systemic biases and disparities in the criminal justice system.
The intersection of race and socioeconomic status plays a significant role in these disparities. Criminal laws and policies often disadvantage people with low incomes, who are disproportionately people of colour. This is further exacerbated by the criminal legal system's magnification of disadvantage, where individuals are pushed deeper into poverty and marginalisation. The use of criminal histories to impose longer prison sentences or pretrial detention further exacerbates these disparities, as racial minorities are more likely to have criminal records due to systemic biases in policing and sentencing practices.
Additionally, the three-strikes law has been criticised for its potential to disproportionately impact individuals with lower socioeconomic status, who may have limited access to adequate legal representation and resources. This can result in longer sentences or harsher punishments, even for minor offenses, pushing individuals further into poverty and marginalisation.
While some jurisdictions have made efforts to address these disparities, such as by examining the racial impact of laws and addressing racial bias in criminal justice practices, the progress has been incomplete. Further reforms are needed to mitigate the impact of socioeconomic status and racial bias on the application of three-strikes laws and to ensure a more equitable and just criminal justice system.
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Mentally ill and physically disabled defendants
California's "Three Strikes and You're Out" law, enacted in 1994, has been criticised for its disproportionate impact on the mentally ill and physically disabled. The law imposes a life sentence for any crime, regardless of severity, if the defendant has two prior convictions for serious or violent crimes. This has resulted in life sentences for non-violent offences such as stealing loose change from a parked car, possessing less than a gram of narcotics, and attempting to break into a soup kitchen.
The law's impact on the mentally ill and physically disabled is evident in several cases. For example, Leandro Andrade, who had a history of drug abuse and burglary, was sentenced to 50 years in prison without parole for attempting to rob $153 worth of videotapes from two K-Mart stores. Norman Williams, a homeless man from Long Beach with an IQ of 71, suffered from mental illness, physical and sexual abuse, and crack addiction.
In California, over 45% of inmates serving life sentences under this law are African American, and the law is also applied disproportionately to mentally ill and physically disabled defendants. While supporters argue that it reduces crime by removing repeat offenders from society and acting as a deterrent, critics argue that it clogs the court system and jails, and results in disproportionate sentencing for non-violent crimes. The financial and humanitarian costs of the three-strikes law have led to efforts to reform and reduce the harshest consequences of the sentencing laws.
The three-strikes law has been the subject of court battles over whether it violates a person's Eighth Amendment rights against "cruel and unusual punishment." The California Supreme Court in People v. Dillon (1983) ruled that three-strikes laws violated the Eighth Amendment. Another case, Lockyer v. Andrade (2003), struck down the three-strikes law as cruel and unusual punishment. The landmark case of Ewing v. California (2003) upheld the three-strikes law, despite challenges that it constituted cruel and unusual punishment.
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Frequently asked questions
Three-strikes laws, or habitual offender laws, are criminal sentencing structures that impose harsher punishments on repeat offenders. In most cases, the penalty upon the third conviction is a mandatory sentence of life in prison.
Three-strikes laws have been deemed constitutional by the U.S. Supreme Court, which ruled that it is constitutional to sentence a repeat offender to an indeterminate life sentence, even for a nonviolent felony. However, there have been legal challenges to three-strikes laws, arguing that they violate the Eighth Amendment's protection against cruel and unusual punishment and the "proportionality rule" in sentencing.
Three-strikes laws have been criticised for imposing extremely disproportionate punishments, where a defendant can face many years in prison for a less serious felony conviction. They have also been criticised for their lack of judicial discretion, potential for discriminatory application, and disproportionate impact on minority, mentally ill, and physically disabled defendants.
Many states in the U.S. have some form of three-strikes law, including California, Washington, New Jersey, Michigan, Wisconsin, and twenty-two others. However, the specifics of these laws vary across states, with some states amending them to apply only to certain serious felonies or extending the number of strikes.
