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September 19, 2004

Striking Three Strikes?

Today's LA Times Magazine has this (very long) article about Proposition 66, the initiative on the November ballot to amend California's Three Strikes law. The article is well worth the time it takes to read; there is a wealth of information and insights about the realities of the law itself and about the politics surrounding efforts to change the law. Relatedly, Jonathan Soglin over at Criminal Appeal has collected here an array of recent newpaper articles on Proposition 66.

Interestingly, and not surprisingly, there are a number of websites and web resources which provide a lot of (competing) information about California's Three Strikes laws and the Proposition 66 amendment effort. For example, here is one site called Restore Three Strikes, and here is a competing site called No On 66. In addition, I recently was informed that the Justice Policy Institute (JPI) will soon release a new report entitled "Three Strikes and You’re Out: An Examination of the Impact of Strike Laws 10 years after their Enactment," which asserts that the majority of people incarcerated under three strikes laws are "non-violent" offenders and that states without Three Strikes laws actually saw greater decreases in violent crimes than those with Three Strikes laws. JPI, which describes itself as "a nonprofit research and public policy organization dedicated to ending society’s reliance on incarceration and promoting effective and just solutions to social problems," has done a lot of previous important and valuable work on three strikes laws and on other issues relating to the scope of imprisonment (see, e.g., publications available here and here).

In my mind, the debate over Proposition 66 reflects many aspects of the current, often confused, public dialogue over crime and punishment. Everyone wants violent, repeat offenders put away for a long time, and but the broad reach (and great expense) of California's Three Strikes law raises questions about the justice and efficacy of its approach to achieving that goal. How politicians and the public come to view and frame these issues in the context of Proposition 66, and the ultimate fate of using "direct democracy" to cut back on a harsh mandatory sentencing law, may well provide important insights into the the future of sentencing reform and its relationship to concepts of democracy (a topic I recently discussed here). Stay tuned.

September 19, 2004 at 08:32 AM | Permalink

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Comments

I had a question concerning the three strike law. I know someone who had two strikes in the state of Ohio,{which does not have the three strike law} and he got his third strike in a state that does, does that mean he is held liable for the three strkes. and can they still make him serve life for the third one?

Posted by: holli | Dec 13, 2004 4:21:19 PM

My uncle was arrested May 1, 2005 for possessing a small amount of cocaine. At this time he was attempting to get his parole from the state of Ohio transferred to California. In addition, he was convicted in Ohio (for 2 armed robberies), the first one in 1966 and the second in 1993. In addition, he was convicted of bank robbery and served 8 years in California in 1979. We are wondering if he will be extradited back to Ohio and, also will he be a 3-strike candidate in Ohio (knowing they don't have a formal 3-strikes law)?

Posted by: Pamela | May 4, 2005 4:37:47 PM

i am just trying to figure out if, in california, you are only supposed to give one strike for one docket number? we just moved to santa clara county and the courts here say that my friend has 5 (yes, 5!!!) for one case in 1988. he pled to a residental burglary and an attempted residential burglary. with the plea, 3 attempted residential burglaries were 'dropped.' but in this county they want to count each of those as a strike, including the ones that were 'dropped' in the plea. how can this be? and if it is, can the plea then be withdrawn and tried again due to the fact that there was no 3 strike law in 1988, thus he could not know how the plea may affect him later? i hope you can help me. i dont know where to turn (no $ for a private attorney). thanks.
mk rose

Posted by: mary kaye rose | Jul 19, 2005 2:41:18 AM

i am just trying to figure out if, in california, you are only supposed to give one strike for one docket number? we just moved to santa clara county and the courts here say that my friend has 5 (yes, 5!!!) for one case in 1988. he pled to a residental burglary and an attempted residential burglary. with the plea, 3 attempted residential burglaries were 'dropped.' but in this county they want to count each of those as a strike, including the ones that were 'dropped' in the plea. how can this be? and if it is, can the plea then be withdrawn and tried again due to the fact that there was no 3 strike law in 1988, thus he could not know how the plea may affect him later? i hope you can help me. i dont know where to turn (no $ for a private attorney). thanks.
mk rose

Posted by: mary kaye rose | Jul 19, 2005 2:44:41 AM

Hi-

Do you have a list of states that do or don't have the three strke law?

Posted by: Sarah | Sep 19, 2006 6:28:34 PM

hi could you please tell me if there is a list of states that apply this law of three strikes your out and if they are for only violent offenders or just 3 strikes and your out I awould like to see what New York has Thank you, Barbara Geer

Posted by: Barbara Geer | Oct 2, 2006 12:28:00 PM

Criminal Law Student

Just doing some research on "Three Strikes"
How many states currently have this Law? I thought it was just Calif. Has there been any Supreme Court cases challenging this law? It would seem unconstitutional.

Posted by: Karen | Apr 17, 2007 6:41:53 AM

Hi,
My sister was convicted of Medicare fraud and is serving her sentence in a Federal Prison. Can she reside in a "3 strikes state" upon release? Which states are the "3 strikes States"?

Posted by: Dawn Theberge | Apr 13, 2008 9:10:08 AM

can i pls have a list of states that dose not have the three strike law. thank you

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Posted by: laptop bettery | Mar 3, 2009 10:49:48 PM

I am a mom who would like a list of states without the three strike law

Posted by: Barbara | Aug 8, 2009 5:17:34 PM

List of States that DO NOT HAVE the Three Strike Law

1. Alabama
2. Alaska
3. Arizona
4. Delaware
5. Hawaii
6. Idaho
7. Illinois
8. Iowa
9. Kentucky
10. Maine
11. Massachusetts
12. Michigan
13. Minnesota
14. Mississippi
15. Missouri
16. Nebraska
17. New Hampshire
18. New York
19. Ohio
20. Oklahoma
21. Oregon
22. Rhode Island
23. South Dakota
24. Texas
25. West Virginia
26. Wyoming

Posted by: Kimberly | Nov 27, 2009 3:52:13 PM

Wow this is crazy

Posted by: Ms Guess who | Dec 14, 2009 9:33:52 PM

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