Black history
Black historyThe United States is locking up people at an unprecedented rate. There are now 1.75 million people in state and federal prisons in the U.S.--up from 1 million people just four years ago. Young Black and Latino men are bearing the brunt of this. Over 70 percent of those imprisoned are Black, Latino or other people of color. For many youth, prison is a big part of the future they are handed by this system. According to the U.S. Justice Department 8.3 percent of all Black men between the ages of 25 and 29 are now in prison.
The incarceration of people has been accelerated through the enactment of so-called "three-strikes and you're out" legislation. Between 1993 and 1995, 24 states and the federal government passed new "three strikes" laws. While there are considerable differences in these laws, all of them mandate much stiffer sentences for people who have been convicted of multiple felonies. California's three strikes law--the second one to be passed in the U.S.--is one of the most repressive in the nation.
California Three Strikes Law
The three strikes law has made it possible for people with earlier convictions to be sentenced to life in prison for relatively minor offenses--including "petty theft with a prior conviction," possession of small amounts of drugs, receiving stolen property, or being caught in possession of a handgun. Here are some of its provisions:
The three strikes rule: People convicted of a third felony, after two previous convictions for "serious or violent" felonies, are given mandatory sentences of at least 25 years to life. In California, burglary is considered a "serious felony." And, the third strike itself does not have to be a serious or violent felony.
The second strike rule: If you are convicted of any felony and have a previous "violent or serious felony" (as defined by the law) the courts are now required to hand you twice the normal sentence.
Many convictions that teenagers received in juvenile court can be counted as "strikes."
There is no "wash-out" period: The law says that previous convictions must be counted as "strikes" no matter how old they are--even if they happened before the three strikes law was passed. For example, if you pled guilty to a burglary 20 years ago--even if it was a plea bargain and you received no jail time--it can still count as a "strike."
Multiple convictions from a single incident can be counted as multiple "strikes."
A person sentenced under three strikes can only receive a maximum of 20 percent time off for good behavior--down from 50 percent reduction of time for good behavior.
In the four years since this law was signed, California has sentenced over 4,000 people to life in prison for "three strikes" violations. Over 30,000 people have been sentenced to double the normal sentence under the "second strike" provision of the law.
A few outrageous cases of injustice have received publicity...
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