Building the Case for Three Strikes Sentencing and Resentencing

• In Event: ASC Presidential Panel: Racial Justice Act

Abstract

California’s Three Strikes law dramatically increased sentence lengths for well over 100,000 individuals during the 30 years it has been in place. Many are currently serving sentences of 25 years to life. Scholarly studies have found that Black defendants have been disproportionately sentenced as Third Strikers. Proposition 36, passed in 2012, allowed certain individuals serving third strike sentences to petition for resentencing relief. Recent research has investigated whether racial disparities exist in the resentencing process. In this presentation, we discuss the process of building a Racial Justice Act case to obtain resentencing and/or release from prison for Black individuals serving Third Strike sentences. We also highlight ways in which the skills and knowledge of lawyers and academics can complement each other to advance accountability and integrity in the criminal legal system and make an impact on real people’s lives.

Authors

• Elsa Chen, Santa Clara University

• Elizabeth Lashley-Haynes, Los Angeles County Public Defender’s Office