RUI: Analysis of the Implementation and Effectiveness of Three Strikes Sentencing Reforms

Santa Clara University, Santa Clara CA

Investigators

Abstract

In 2012, California voters approved a ballot measure that modified the state's "Three Strikes and You're Out" law such that nonviolent and nonserious new felonies no longer trigger 25-to-life sentences, and certain third-strike inmates may petition to be resentenced as second-strikers and receive shortened sentences or early release. This study will examine how court officials are implementing these changes, how contextual and individual factors influence resentencing outcomes, and the effectiveness of these changes at reducing prison populations and sentencing disparities. Semi-structured interviews with public defenders, prosecutors, and judges will examine how the reforms are being implemented in eight counties. Inmate data from the California Department of Corrections and Rehabilitation (CDCR) will be analyzed to determine risks associated with resentencing, how characteristics of inmates and the counties in which they were sentenced influence the chances of successful petitions for resentencing, and whether these changes have reduced disparities in sentencing outcomes. This study will contribute to research on policy implementation, prosecutorial and judicial discretion, sources of disparities in sentencing outcomes, and prisoner reintegration, thus furthering research within criminology, legal studies, and public policy. Findings will be disseminated through conference presentations and scholarly journal articles as well as online. The large numbers of persons incarcerated as a result of Three Strikes and related policies, the geographic and racial disparities associated with these policies, and the effects on communities due to mass incarceration and reentry all suggest that findings of this study will have broad public and policy interest. Results and recommendations will be shared with criminal justice practitioners and policymakers. Better understanding of the effects of policy reforms can help policy makers make good decisions with regard to public safety, while making effective and efficient use of taxpayer dollars. The project will also provide training and mentoring to undergraduate students and enhance the research and teaching environment at Santa Clara University.