Study finds racial gap in 'three-strikes' sentences

THE ASSOCIATED PRESS

Originally published February 19, 2002

SEATTLE -- Washington state's "three-strikes" law, intended to take violent repeat offenders off the streets, has resulted in life sentences for blacks at a much higher rate than for whites, according to a report from the state Sentencing Guidelines Commission.

Blacks make up 3 percent of the statewide population, and 37 percent of the state's three-strike lifers. Whites make up 83 percent of Washington's population, and 55 percent of those imprisoned for life under the law.

The report analyzed 2000 census data, excluding people who identified themselves as multiracial, comparing the data with state sentencing data from 1994 through 2000. It excluded inmates whose race or ethnicity was unknown or identified as "other."

Voters passed Initiative 593, the Persistent Offender Act, in 1993 by a 3-to-1 margin.

Now eight years old, the nation's first three-strikes law mandates life imprisonment for third-time offenders who commit any of about 50 violent felonies.

Before the law took effect, life sentences were served in Washington only by those convicted of aggravated first-degree murder. The only other penalty for that crime is execution.

Some form of three-strikes legislation has now been passed by about half the 50 states.

The study also found Native Americans make up 1 percent of the population and 3 percent of three-strike lifers. Hispanics make up 6 percent of the state population and just 4 percent of three-strike lifers. Asian/Pacific Islanders make up 6 percent of the population and less than 1 percent of three-strike lifers.

No explanation

The commission's analysis did not attempt to explain the numbers and did not suggest racial bias exists.

The adult felony-sentencing report also found that black men and women are sentenced at disproportionately higher rates for all felonies.

It suggested further research into socioeconomics, policing, unemployment, prosecutors' charging practices and plea bargaining.

The commission has recommended that convictions for some types of second-degree assault and all forms of second-degree robbery except robbery of a financial institution be eliminated as "strikes."

The recommendations are not included in bills introduced in the Legislature so far this year.

Supporters say the law is working, citing a decline in violent crime.

"We're not saying it's only 'three strikes,' but tougher sentencing has definitely helped," says Paul Guppy, research director of the Washington Policy Center, which generated a report that led to the three-strikes legislation.

The Olympian Copyright 2002

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