Three strikes

This law was adopted by then-Gov. Pete Wilson in March 1994 and later affirmed by Proposition 184, which was passed with 71.9 percent of the vote in November 1994. According to the three strikes law, a person with convictions for two serious or violent felonies will receive a sentence of 25 years to life if convicted of any other felony, even a non-violent crime. A person convicted of a second felony will receive double the standard sentence. Prosecutors have the discretion not to seek the maximum sentences for non-violent crimes.

In 2004, voters had an opportunity to amend the Three-Strikes law by passing Proposition 66, which would have allowed a life sentence only if a person is convicted of a third felony that is violent or serious. It would remove eight crimes from the violent or serious category and would toughen sentences for some crimes against children. Despite a late lead heading into the November 2004 elections, Proposition 66 was defeated after former Gov. Pete Wilson spearheaded fundraising and convinced Henry T. Nicholas III to pay several million dollars to flood the airwaves with ads saying Prop. 66 would release 26,000 violent criminals. In fact, Prop. 66 would NOT have released any prisoners. It would have entitled some prisoners (4,200 or 26,000 depending on whom you believe) to a hearing on a new sentence.

How does this affect youth? Crimes committed during one’s teen years now carry more severe consequences for an individual in the future.

• The California District Attorneys Association has an informative Web page providing background on Three Strikes, including a link to a pro-Three Strikes Web site, news articles and links to U.S. Supreme Court cases.

• Threestrikes.org is a Web site supporting the law. The site offers the text of the law, links to statistics on the effects of the law as well as official reports from government sources like the FBI and the California Department of Justice.

• FACTS, or families to amend California’s three strikes, advocates changing the law. The group argues that the law unfairly punishes minorities and is unjust. This site has links to dozens of other organizations, some specifically related to Prop 184 and others about criminal and juvenile justice.

• Check out a summary from a 1999 study 1999 by Dan Macallair and Mike Males. Striking Out: The Failure of California’s “Three Strikes and You’re Out” Law.

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