Chief Sealth High School
Presented by:
Joe Brotherton
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RCW 9.94A.570
Notwithstanding the statutory maximum sentence or any
other provision of this chapter, a persistent offender shall be
sentenced to a term of total confinement for life without the
possibility of release or, when authorized by RCW 10.95.030
for the crime of aggravated murder in the first degree,
sentenced to death. In addition, no offender subject to this
section may be eligible for community custody, earned
release time, furlough, home detention, partial confinement,
work crew, work release, or any other form of release as
defined under *RCW 9.94A.728 (1), (2), (3), (4), (6), (8), or (9),
or any other form of authorized leave from a correctional
facility while not in the direct custody of a corrections officer
or officers, except: (1) In the case of an offender in need of
emergency medical treatment; or (2) for the purpose of
commitment to an inpatient treatment facility in the case of
an offender convicted of the crime of rape in the first degree.
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Initiative I-593
Passed in 1993
1993 crime was at a 60 year high
Nearly 50% of the criminals convicted in the
state had prior criminal histories
75% voted yes
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The Washington State Constitution reserves to the
people the right to approve or reject certain state
laws through the process of initiative or referendum.
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Any registered voter can create an initiative by
gather the appropriate number of signatures.
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Required number of signatures in 2014 - 246,372
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Signatures must be validated.
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Initiative is added to ballot for the next election
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Second Degree Assault or Robbery
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All other violent felonies
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Taking of something by threat or use of force
17 crimes in total
Strikes prior to 1993 count against an offender.
1996 – “Two Strikes Law” for sexual crimes
2008 – added new crimes and included felonies
from other states
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Similar laws have been enacted in 29 states.
As of March 2007, 292 individuals had been
sentenced to life imprisonment under the three
strikes provisions.
Of these 40.1% were black and 57.3% were
white.
The most common third offense was Robbery 2
(23.3% of cases), followed by Robbery 1
(15.8%), and Assault 2 (8.2%)
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Instructions:
I will place out 5 placards “Strongly Agree”,
“Somewhat Agree”, “Undecided”, “Somewhat
Disagree”, and “Strongly Disagree”.
I will read a question or statement.
Move to the placard that best represents your
opinion.
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Someone convicted of 3 second degree robbery
or assaults should be eligible to have their
sentence reviewed.
Does it matter if 2 of the strikes were obtained
prior to 1993?
Does it matter if all crimes were non-violent?
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Currently there is no requirement to review the
cases of 3 strike offenders.
The only way to review the sentence is by the
clemency board who can recommend the
Governor grant clemency.
The King County Prosecutor, Dan Satterberg,
ordered a review of the first 20 three strike
convictions.
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However the Prosecutor does not have the ability to
change the sentences.
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The sentence of life in prison without the
possibility of parole for a 27 year old convicted
of 2nd degree robbery or assault for the 3rd time
should be considered “cruel and unusual
punishment.”
8th Amendment States:
“Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments
inflicted.”
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The punishment must match the crime.
Supreme Court Cases:
Ewing v. California, 538 U.S. 11 (2003), and Lockyer v.
Andrade, 538 U.S. 63 (2003)
 The Court held that the life sentences imposed under the
law are not so grossly disproportionate to the criminal
history of a career offender as to violate the Eighth
Amendment's prohibition against cruel and unusual
punishment.
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The three strikes law makes society safer and is
an effective tool to combat crime.
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Prosecutorial Discretion and Plea Bargains
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Clemency Board
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In a study of cases from 2003 through 2007, the King
County Office of Public Defense found that 92% of
defendants initially charged with a third strike offense
ultimately received a sentence less severe than life
without the possibility of parole.
In December 2008, the state's clemency board held its first
hearing on a prisoner held under the three strikes law.
Pardon from the Governor
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Pardoning prisoners is not something incoming
governors think about much. There is little political gain
in it and much risk. The result is a system of clemency
that can be unfair to prisoners and, says Satterberg, “in
some ways is unfair to the governor.”
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http://www.youtube.com/watch?v=Tymmixc
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