The Eugenic Origins of Three Strikes Laws
The Sentencing Project hosted a discussion to explore the relationship between the American eugenics movement and “habitual offender” laws, the barriers these laws continue to impose, their disproportionate impact on Black and Brown communities, and how attorneys have utilized the truth of the eugenics movement to continue advocating for their client’s rights to lesser sentences and freedom.
Related to: Sentencing Reform, Racial Justice
Last month, The Sentencing Project released a report titled “The Eugenic Origins of Three Strikes Laws: How ‘Habitual Offender’ Sentencing Laws Were Used as a Means of Sterilization,” revealing how American eugenicists promoted “habitual offender” laws in the early 1900s because they falsely believed that certain people who committed crimes were genetically predestined to commit those crimes and could spread their criminality to their children. Although the country shifted away from eugenics after World War II, some state statutes have remained on the books with few amendments since the early 1900s, while others have been amended to increase or decrease sentences in relatively small ways. Today, despite being a legacy of the eugenics movement, “habitual offender” laws are in force in 49 states.
We hosted a discussion on Thursday, April 24, 2025 at 2 PM ET to continue to explore the relationship between the American eugenics movement and “habitual offender” laws, the barriers these laws continue to impose, their disproportionate impact on Black and Brown communities, and how attorneys have utilized the truth of the eugenics movement to continue advocating for their client’s rights to lesser sentences and freedom.
Panelists:
- Daniel Loehr, author of “The Eugenic Origins of Three Strikes Laws” and Associate Professor of Law at City University of New York School of Law
- Susan Champion, Attorney and Deputy Director, Three Strikes Project – Stanford Law School
- David A. Singleton, Attorney and Professor of Law, UDC David A. Clarke School of Law
- Robert Lilly, Criminal Justice-Impacted, Organizer, Mental Health Peer Support Specialist
Moderator: Leyda Pereyra, Program Manager, The Sentencing Project’s Second Look Network
