Nation-wide attention was focused on so-called three-strikes laws in 1994 when California voters approved an initiative mandating prison terms of 25-years-to-life for defendants convicted of a third felony. The California law also doubles minimum terms for second time offenders. The vote came in the wake of the widely publicized 1993 murder of 12-year old Polly Klaas, whose killer was a paroled felon. Washington State adopted a three-strikes law in 1993, and 22 other states have followed suit. Congress passed a federal version in 1994.

In March 1999 the Supreme Court refused to hear a challenge to California's three-strikes law brought by a man sentenced to 25 years to life under the law for stealing a bottle of vitamins. The justices ruled that lower courts should rule on the controversial law before it is brought before the Supreme Court.

While some politicians hailed the three-strikes laws as the ultimate get-tough-on-crime measure, others criticized the laws for contributing to prison overcrowding. If a defendant is convicted of a third felony, judges in three-strikes states are required to issue a 25-year plus sentence, even if the third felony was a minor offense such as shoplifting. Also, studies of three-strikes laws have shown that African-Americans are disproportionately affected by the policy.

On One Hand...

Many of the defendants sent to jail under three-strikes laws are non-violent repeat offenders. The original intent of the law was the stop violent criminals, but the result has been that criminals with a history of minor offenses, such as petty theft or drug dealing, are being sent away for longer terms than criminals who commit violent acts. The prison population has grown so much that most are already filled beyond capacity and many more prisons need to be built; tax payers will have to foot the bill. Three-strikes laws are not effective crime prevention measures, they are unnecessarily harsh sentencing guidelines that punish harmless petty criminals and overcrowd our prisons.

On the Other Hand...

If a criminal does not reform after two felony convictions, it is unlikely that he or she ever will. Three-strikes laws are effective because they target these repeat offenders who have proven unable to change their criminal behavior. The mandated 25 years-to-life sentences for third time offenders keep repeat criminals off the street, and the threat of such a long sentence may stop a two-time offenders from committing a third felony. Tough-on-crime laws like this have contributed to the nation-wide drop in crime rates over the past decade. Three-strike laws can help reduce the prison population by serving as a deterrent to potential repeat criminals.

• California has convicted 4,468 offenders on third strikes since 1994.

• There are 2 million people behind bars in the U.S., including local jails--twice as many as a decade ago.

• Approximately 2,700 "third strikers" received at least a 25 years-to-life sentence for nonviolent and non-serious offenses.

• In California, nearly 75 percent of 2nd strikes and 50 percent of 3rd strikes are for nonviolent and non-serious offenses.

• The most common charges leveled against third-strike criminals are drugs, theft and burglary.

Families to Amend California's 3-Strikes; Christian Science Monitor