Three Strikes Essay Introduction

The Three Strikes law was enacted in 1994 in California to lower the rate of crimes in the
State and the United States. Notably, the Three Strikes law requires that repeat offenders of
violent crimes receive harsher penalties (minimum 25 years to life sentences) (LAO, 2005). The
Legislature and voters passed the Three Strikes law after realizing ex-felons committed many
high-profile murders after their release. During this time, many violent delinquents were being
released from prison only to commit new grim crimes in the community. According to the Three
Strikes law supporters, it would help reduce crimes by ensuring that repeat offenders are
removed from society for longer durations. The threat of the long sentences would deter them
from reengaging in new crimes (LAO, 2005). This paper examines why the three strikes law is
unfair to minority lawbreakers.
For many, the Three Strikes law is associated with numerous racial discrimination issues,
which significantly affects its level of effectiveness. The Three Strikes law and its application
depict how the criminal justice system in America is disproportionately applied to racially
minority communities. One of the reasons why the Three Strikes law is unfair to minority
offenders is that most offenders subjected to the law are African Americans and Latinos
compared to Whites. According to the California Department of Corrections’ data, African
Americans and Latinos receive more imprisonments under the Three Strikes than their White
compatriots (Ehlers et al., 2004). Blacks are overrepresented in California’s prison population,
partly because of the disproportionate nature of the Three Strikes law. Precisely, African
Americans make up only 6.5 percent of the population in California but constitute about 30
percent of the prison population (Ehlers et al., 2004).

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Regarding Latinos, the proportion of Latino prisoners is almost equal to that of the
population in California. Notably, the number of Latinos in California is higher than that of
whites, showing the racial disparities in the criminal justice system. Remarkably, whites make up
about 47 percent of California’s population, and only 29 percent have been imprisoned, which is
low compared to the percentage of African Americans and Latinos (Ehlers et al., 2004). The
disparities under the Three Strikes law are also evident in the adjustments made under the law,
including rates of arrest and incarceration. Notably, based on the incarceration rates in California
per 100,000 residents, African Americans and Latinos have recorded the highest rates under the
Three Strikes law (Ehlers et al., 2004). For example, the rate of felony arrests among African
Americans in California was approximately 4.4 times higher than white Californians.
Secondly, minority groups are treated unfairly under the Three Strikes law because they
receive the harshest punishments compared to whites. Based on the analysis of the largest
counties in California, there are disparities in how the Three Strikes law is used in the different
counties. Evidence shows that incarceration rates in counties that use the law more are higher
than in counties that apply the legislation less frequently (Ehlers et al., 2004). Despite evidence
showing no decrease in violent crimes in countries that apply the Three Strikes law. An
examination of the racial composition of the prison population indicates that the majority of the
prisoners are African Americans. In Los Angeles County, the prison population mainly
comprises African Americans; approximately 9.6 percent of the Los Angeles population are
Blacks (Ehlers et al., 2004). Despite the small percentage of African Americans, they still
constitute the largest proportion of the prison population.
For example, in Santa Clara County, the population of African Americans and Latinos is
the highest statewide. Notably, despite the low population of African Americans and Latinos in

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the county, their population in prison is greater than that of whites (Andrews & Bonta, 2010).
Overall, most counties in California have a high number of African Americans and Latinos in
prisons under the Three Strikes law, which shows high rates of racial disparities in California.
Also, minority offenders receive the harshest punishments, which is evident in the high
incarceration rates for the third strike.
Thirdly, the Three Strikes law is unfair to minority offenders because the sentencing
reform did not ease the sentencing terms for Blacks. Minority groups receive the longest and
harshest sentences, especially African American offenders. About 60 prisoners who are blacks
are still set to stay in Washington state prisons for life, despite the implemented reforms (Wash,
2019). About 24 states in America passed laws during the 1990s, specifically embracing the
Three Strikes legislation. However, after some time, about 12 states opposed the law because of
its stringent nature, making even less violent offenders stay in prison for life (Wash, 2019).
Remarkably, lawmakers have been on the frontline to ensure that the law is revised to make it
less stringent with minor crimes. The reforms aimed to remove second-degree robbery from the
list of crimes categorized under life sentences (Wash, 2019). Notably, the original reform was
meant to include a retroactive clause, which would allow prisoners sentenced under the Three
Strikes law to be eligible for resentencing, but this was not met because some influential people
cut out retroactivity.
With the failure to include retroactivity in the reform, over 62 prisoners who were
convicted of second-degree robbery were left with no choice but to serve life sentences.
Surprisingly, about half of the inmates affected by the reform were blacks, which was unfair to
them and based on racial discrimination. Under the original bill, prisoners who had committed
robbery were supposed to have an opportunity to have their life sentences re-evaluated by judges

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to determine if their sentences would be reduced and allow them to get back to society
(Subramanian & Delaney, 2014). It is vital to acknowledge that some white prisoners in other
prisons with the same charges are given shorter sentences. In comparison, Blacks are denied that
opportunity and subjected to longer sentences. In Washington, second-degree robbery is
regarded as one of the less serious crimes under the Three Strikes law, and thus inmates with
such a crime should serve less time in prison. However, Blacks convicted of robbery crimes are
left to rot in prison because of the heightened levels of racial discrimination in the criminal
justice system in America.
In a nutshell, the Three Strikes law does not respect prisoners’ rights, especially criminals
who have been convicted of less serious crimes. The Three Strikes law aims at ensuring stringent
measures are taken to ensure that repeat offender are left to rot in prison for life. Notably, the
Three Strikes law has been found to have numerous racial discrimination issues, especially
among the minority offenders, who are forced to have long sentences in prison for minor crimes.
One of the reasons why the Three Strikes law is unfair to minority offenders is that most African
Americans and Latinos are the majority population in prisons under the law. It is worth noting
that all races commit crimes, and thus it is wrong for the population of minority groups to be
high in prisons compared to whites. Arguably, racial disparities in the criminal justice system in
the United States should be looked into to ensure that all populations are treated equally as far as
crimes and corrective measures are concerned.

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References

Andrews, D. A., & Bonta, J. (2010). Rehabilitating criminal justice policy and practice.
Psychology, Public Policy, and Law, 16(1), 39.
Ehlers, S., Schiraldi, V., & Lotke, E. (2004). Racial divide: An examination of the impact of
California’s Three Strikes Law on African-Americans and Latinos.
https://www.prisonpolicy.org/scans/jpi/Racial_Divide.pdf
Legislative Analyst’s Office (LAO) (2005). A primer: Three Strikes- The Impact after more than
a decade. https://lao.ca.gov/2005/3_strikes/3_strikes_102005.htm
Subramanian, R., & Delaney, R. (2014). Playbook for change. States reconsider mandatory
sentences. New York, NY: Vera Institute of Justice.
Wash, O. (2019). Blacks left behind by Three Strikes sentencing reform.
https://www.courthousenews.com/blacks-left-behind-by-three-strikes-sentencing-reform/