Our interest in this issue deepened when we read the results of a 2010 report, shared with us by the Three Strikes Project at Stanford Law School. The study showed that more than 4,000 inmates in California are serving life sentences for nonviolent offenses under the three-strikes law. While it is possible that some of the inmates may be eligible for parole after 25 years, a majority face the prospect of decades of prison time. Many of these stiff sentences struck us as egregious.
Although judges have sentencing discretion in a very narrow band of three-strikes cases, the reality is that judges almost universally consider themselves bound under California law to impose a life sentence for a third felony offense, no matter how minor.