‘Three Strikes’ Law Harvesting Lots Of Pot Smokers Murderers, Rapists, Kidnappers Far Outnumbered By Those Convicted Of Non-Violent Crimes
More than twice as many pot smokers have been imprisoned under California’s “three strikes” law as murderers, rapists and kidnappers combined, according to figures released Wednesday.
A Department of Correction chart shows 192 people have received lengthy sentences for marijuana possession, compared to 40 for murder, 25 for rape and 24 for kidnapping.
In all, 85 percent of those sentenced under the law were convicted of non-violent crimes, including drug offenses, burglary and petty theft.
The Center on Juvenile and Criminal Justice, an advocacy group that works with prisoner-rights groups, released the figures and its analysis in anticipation of the second anniversary of the law’s signing today.
In Southern California, Republican Gov. Pete Wilson, who signed the measure into law, declared the legislation a success, saying it had taken thousands of violent criminals off the street.
Under the law, people with a previous conviction for a serious or violent crime must be sentenced to either 25 years to life in prison for a third felony, or triple the regular sentence, whichever is greater. Such persons convicted of a second “strike” have their sentences doubled.
Vincent Schiraldi, director of the San Francisco center, said many of the sentences handed out under the law were for drug violations. Some 3,749 people were imprisoned for drug possession, compared to 2,432 sentenced for all violent crimes.
“Our politicians have engaged in the classic ‘bait-and-switch’ scheme,” Schiraldi said. “They brought us into the store with an icon of Richard Allen Davis, but now that we’re in the store, it is full of pizza thieves and pot smokers.”
Davis, a 41-year-old ex-convict, is charged with kidnapping 12-year-old Polly Klaas during a 1993 slumber party, strangling her and dumping her body beside a highway. The case helped launch the three strikes movement.
In another well publicized case involving the three strikes law, a man with multiple convictions was sentenced last year to 25 years to life in prison for stealing a slice of pizza.
Sean Walsh, Wilson’s press secretary, disputed Schiraldi’s interpretation of the numbers. He said convicts are given three strikes sentences because they are repeat criminals.
Another study released by the center in March found racial disparity in three strikes convictions. The study showed that while blacks make up only 7 percent of the state’s population, they represent nearly half of all persons sentenced under the law.