Last week, a 6-3 majority opinion by the Washington Supreme Court offered new clarity on the state’s ‘Three Strikes’ law. The decision addressed how ‘juvenile strikes’ are considered in cases of persistent offenders, asserting that counting an adult conviction for a crime committed as a juvenile is not ‘cruel’ or ‘unusual punishment’. The sentence would be a mandatory life imprisonment without the possibility of parole. This article provides a deeper dive on the matter.
Under Washington’s Persistent Offenders Accountability Act, also known as the ‘Three Strikes Law’, offenders who commit three ‘most serious offenses’ must receive a life sentence without the possibility of parole. This law necessitates the courts to regard all anterior adult convictions as a ‘strike’, nonetheless, prohibits the consideration of juvenile adjudications as a ‘strike’.
The recent Supreme Court ruling has drawn criticism, particularly from the Washington Appellate Project. Jan Trasen, a representative, argued that the ruling disregards evidence-based state precedent that children should be sentenced differently than adults. In a statement, Trasen said: “This disregards evidence-based [Washington state] precedent that ‘children are different’ from adults, and that they must be sentenced differently.” The dissenting justices echoed this sentiment, stating that, “A juvenile charged and sentenced in adult court does not magically become an adult.”