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About the Episode

E2 | The Frontlines: Professor Daniel Loehr’s Report on Eugenic Roots of Sentencing Laws | 02/15/2025

In this episode, Professor Daniel Loehr unpacks the eugenic foundations of “three strikes” and habitual offender laws—sentencing statutes that remain on the books in 49 states. Drawing on his newly published report with The Sentencing Project, Loehr reveals how these laws emerged not from neutral ideas about crime and punishment, but from early 20th-century theories of inherited criminality and a legal agenda designed to prevent reproduction by Black and brown people. Loehr’s work challenges the legal system to confront that history—and invites public interest lawyers, legislators, and law students to use it as a tool for advocacy and repeal.

He also reflects on what it means to teach this kind of law at CUNY: where students are encouraged to ask harder questions, surface hidden histories, and develop arguments no one else is making.

Featured Speaker:

Daniel Loehr – Associate Professor of Law, CUNY School of Law

Key Takeaways

  • Historical Roots of Three Strikes Laws: Habitual offender laws originated from eugenic theories in the early 20th century aimed at controlling reproduction among marginalized populations.
  • Enduring Legacy: Despite changes in societal values, most three-strikes laws remain fundamentally unchanged, reflecting their eugenic origins.
  • Advocacy and Reform: Daniel Loehr emphasizes the need for legislative change to eliminate the eugenic legacy from modern law.
  • Using History in Legal Arguments: Loehr discusses how public defenders and advocates can leverage the historical context to challenge habitual offender laws.

Additional Resources

The Sentencing Project: Read the Full Report

Howard Law Journal: Longer Version of the Report

Marvin Mayfield Act: Learn More

CUNY Law Newsroom: Explore Related Stories

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