MEDC 2009 Position on 3-Strikes Reform

Washington’s Persistent Offender Accountability Act, otherwise known as 3-Strikes, was enacted in 1993 after the passage of Initiative 593. Robbery 2, the most common 3-Strikes conviction, and Assault 2, another common 3-Strikes crime, are classified in the lowest quartile of criminal seriousness at RCW 9.94A.515. They carry standard sentences of 3 months to 7 years and a statutory maximum of 10 years.

In 2001, Washington’s Sentencing Guidelines Commission recommended removing Robbery 2 from the 3-Strikes list and evaluating whether some forms of Assault 2 should be removed, as the range of behaviors associated with Robbery 2 and, “probably” with some instances of Assault 2 do not rise to the level of Most Serious offenses and that, specifically, in the case of Robbery 2, these behaviors pose “little risk of physical injury”. (1)

During times of fiscal crisis, it is most critical that we use scarce public safety funds in ways that are cost-effective and known to reduce crimes. Research finds high fiscal and social costs and uncertain benefits associated with 3-Strikes laws. There is also strong evidence that imposing the same harsh punishment for less serious crimes as for homicides may result in ‘reverse’ deterrence. Several studies find an association between 3-Strikes laws and significantly higher than expected homicide rates across the country. Additional risks to law enforcement are also indicated. (4, 5, 6)

It is increasingly less common for defendants to be sentenced to life sentences under 3-Strikes for Robbery 2. From 1994-99 this sentence was imposed 44 times for Robbery 2 as the third conviction. From 2000-05 it was imposed 8 times for Robbery 2 as the third conviction. (2)

Issue

As recommended by Washington’s Sentencing Guidelines Commission in 2001:

  • Remove Robbery 2 from the list of Most Serious Offenses that result in a sentence of Life Without Possibility of Parole under Washington’s Persistent Offender Act.
  • Washington’s Population is less than 4% African American. Our 3-Strikes population is 45% African American. (2) 3-Strikes imposes a sentence of unique harshness, 777 years with no possibility of parole, for crimes associated with poverty in state where public defense is inadequately funded. (3)

Action/Legislative Request

Support Senate Bill 5292, which would implement the 2001 recommendation of Washington’s Sentencing Guidelines Commission to remove Robbery 2 from the list of Most Serious Offenses.

Notes:

  • Sentencing Reform Act Review, 2000/2001, State of Washington, Sentencing Guidelines Commission.
  • Persistent Offenders, 1st Quarter 2007, State of Washington, Sentencing Guidelines Commission.The Unfulfilled Promise of Gideon Washington’s Flawed System of Defense for the Poor, ACLU of Washington, 2004
  • Chen, Elsa Y. Impacts of “Three Strikes and You’re Out” on Crime Trends in California and Throughout the United States. Santa Clara University. Journal of Contemporary Criminal Justice, 2008.
  • Kovandzic, Tomislav V; John J Sloan III, Lynne M Vieraitis, “Striking out” as crime reduction policy: The impact of “three strikes” laws on crime rates in U.S. cities. Justice Quarterly: JQ 21.2 (2004): 207-239.
  • Moody, Carlisle E., Thomas B. Marvell, Robert J. Kaminski. “Unintended Consequences: Three-Strikes Laws and the Murders of Police Officers”, National Institute of Justice, 01/11/2002.