During the 1970’s and 1980’s, crime rates in America skyrocketed. In response, governments at the state and Federal level took actions to combat this rise in crime at the tail end of this crime pandemic in the early and mid 1990’s. Most famously, California enacted the 3 strikes law. Essentially, it said that any person who committed 3 felonies would be locked for life as they were considered career criminals/persistent offenders. It was around this time that Hillary Clinton famously spoke of “super predators.”
Of course, the average citizen would not be in favor of so-called ‘super predators’ to be loose lurking on the streets. On the surface, it looked good and appealed to citizens who wanted safer cities. 30 years later, the faults of 3 strikes are becoming evident.
Most of those who were locked up were young men. Young men in their late teens and early 20’s are naturally more inclined to the sort of life that operates on the wrong side of the law. As one ages and gains maturity, the less likely one is to commit crimes; especially violent crimes. Instead of being sentenced and released on an individual basis, three strikes laws applied a one size fits all approach to crimes. There was no nuance towards the sentencing of individuals and it showed. Judges’ hands were tied by arbitrary sentencing guide lines which robbed judges of their ability to approach each case before them on a unique basis.
One man, Curtis Wilkerson, was locked up for 25 years because his 3rd strike involved stealing a pair of socks valued at $2.50 during the mid 1990’s. His previous offenses had been him serving as a lookout guy during robbery in the early 1980’s. His sock offense, occuews almost 15 years after his original run ins with the law, and he was sentenced to 25 years in prison.
As reported in The Rolling Stone magazine on March 17th, 2013
“Have you heard the one about the guy who got life for stealing a slice of pizza? Or the guy who went away forever for lifting a pair of baby shoes? Or the one who got 50 to life for helping himself to five children’s videotapes from Kmart? How about the guy who got life for possessing 0.14 grams of meth? That last offender was a criminal mastermind by Three Strikes standards, as many others have been sentenced to life for holding even smaller amounts of drugs, including one poor sap who got the max for 0.09 grams of black-tar heroin.”
Curtis was arrested at 33 years old and sentenced to 25 to life. His first chance at parole would not come until he was 58 years old, for a pair of socks. It’s an absurd situation.
However, governments have come to realize the mistakes that accompanied the 3 strikes approach. As prisoners age, their chances of recidivism drops but the cost of housing them increases as their health deteriorates. The deterioration of one’s health is a natural occurrence as one ages but being kept in prison certainly isn’t conducive to good health.
In part because of The Great Recession and budget cuts, but also because of a public backlash against mass incineration, efforts have been made to reduce the prison population in order to reduce costs by releasing these aging felons back into the general population.
At face value, it seems like the compassionate thing to do. However, delve a bit deeper and it becomes apparent that these individuals are being shafted by the system yet again. After being locked up for decades, they are being thrown back to the streets to a totally changed environment. These men are finding themselves suddenly free after decades behind bars.
After that long behind bars, some will have become institutionalized. Essentially, they have spent so much time in prison that they are dependent on the structure it provides and no longer able to operate on their own. That is not to say all are institutionalized or that the mentality of institutionalization can’t be overcome but it is definitely an issue. They lack the skills to operate in the world today and would likely find themselves with menial low paying jobs if they can land jobs and, with their deteriorating health, does not hold for good long term employment prospects.
Furthermore, humans are by nature, social animals. After being locked up for so long, the friends and acquaintances that these offenders had before they went in for long bids have atrophied. Relationships and friendships require meeting, breaking bread and other actions to maintain the relationships. After being locked up for decades, those who are ‘compassionately’ released are entering back into a society with likely few or even no friends left, no skills, no prospects and for most, at best family members who they can turn to who have also aged. The next generation of the family is alien to them since those on the inside have been missing from every important milestone in the next generations life.
This is far from a compassionate release. It is, if anything, an uncompassionate release. These people, having not worked in decades except in prison where they receive cents an hour, can’t draw a pension or social security. They are being thrown back into society where they will be a burden. The Government has a responsibility to these people. Having locked them up during their prime working years, it goes without saying that the government has some responsibility for their well being in the years remaining to them.