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A Mandatory Mistake

By Benjamin Moberg
Ruslan Grumble / Shutterstock.com
Ruslan Grumble / Shutterstock.com
Feb 19, 2015
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On a July afternoon in 1995, a 33-year-old man named Curtis Wilkerson walked into a store, stole one pair of socks, and was promptly arrested. This wasn’t Wilkerson’s first crime, but it was surprising, considering his long streak of good behavior. The last time he was trouble with the law was when he was in his teens, after two offenses for abetting robbery. He was sentenced to six years.

After his release from that sentence, Wilkerson cleaned his life up. Instead of running the streets for money, he drove a forklift. All things considered, he was a “success story,” earnestly walking that “straight and narrow” path — up until, that is, those gorgeous socks waved his way.

Why he did it remains a mystery. But since I was once an angsty teenage shoplifter, I imagine he was probably just bored. Hungry for a momentary thrill. An innocent-ish high. I imagine him thinking, it’s just a pair of socks. $2.50. Not much more than a pack of gum.

But be it socks or a Chevy Silverado, the state of California did not care. Shortly following his arrest, he was brought before a judge and sentenced to life in prison.

In California, the three-strikes law was the law of the land. A type of mandatory minimum sentencing law, the law required judges to punish defendants guilty of their third felony with 25 years to life in prison. Stolen socks, most of the time, would’ve counted as a misdemeanor. But, and likely because he was black, Wilkerson was charged with a felony, his third strike. And consequently, was given the harshest punishment in the history of stolen socks.

In 2012, California voters approved a measure to reform the law, making mandatory life sentences only applicable to “serious” felonies, but even still, Wilkerson remains behind bars.

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