The Sentencing Project’s recent report, The Eugenic Origins of Three Strikes Laws: How ‘Habitual Offender’ Sentencing Laws Were Used as a Means of Sterilization, unveils the unsettling historical roots of habitual offender laws in the United States.
Contrary to the common belief that these laws emerged from the 1990s “tough-on-crime” era, the report traces their origins back to the early 20th-century eugenics movement.
Perhaps the scariest part, is that eugenics still exists today; it’s just hidden in plain sight.
Eugenics and the Birth of Habitual Offender Laws
This is not a topic I absolutely have not shied away from, and it’s important to keep discussing the history so we don’t repeat it.
In the early 1900s, eugenicists in the U.S. advocated for laws that would prevent individuals they deemed “genetically inferior” including those with mental illnesses, physical disabilities, or criminal records, from reproducing.
They believed that criminal behavior was hereditary and that society could be improved by restricting the reproduction of these individuals.
This ideology led to the enactment of “habitual offender” laws in 42 states by the mid-20th century, imposing long sentences that effectively prevented reproduction.
And it continues today.
The Enduring Legacy
Despite the discrediting of eugenics after World War II, many of these laws remain in effect. Today, 49 states and the federal government have some form of habitual offender laws. These laws continue to disproportionately impact marginalized communities, reflecting the eugenicist intent to control certain populations.
The Call for Reform
The report also emphasizes the need to reevaluate and reform these archaic laws, acknowledging their discriminatory origins and the ongoing harm they cause to families and communities.
By understanding the historical context, policymakers and society can end these harms, and work towards a more equitable justice system that does not perpetuate the injustices of the past.
For a more in-depth exploration of this topic, watch the following video:
