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The problem with three strikes legislation
Three strikes law essay
The problem with three strikes legislation
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Mandatory Minimum sentencing has been around since the late 1700's for very heinous crimes like murder and rape; but since the mid-1980's, mandatory minimum sentences have become increasingly more popular, with figures on both ends of the political spectrum backing bills proposing a mandatory minimum sentence for non-violent crimes, especially for crimes relating to the war against illegal drugs (Mascharka). Even with many people voicing their opposition to these laws, many states, even today, still continue to pass new, similar laws, targeting different types of offenders for different types of crimes. These sentences, while once useful, are creating more harm than good, causing the United States to become the global leader in incarceration rate, surpassing most other nations by over 6 percent (Mascharka). Carl M. Cannon believes that the abolishment of these laws would be good for the United States, by reducing the number of incarcerated peoples we have on the streets, which would reduce taxes for U.S citizens. Cannon has clearly done his research, and his data backs up his claim and supports it extremely well. In his article “Petty Crime, Outrageous Punishment”, Carl M. Cannon argues against the severity of mandatory minimum sentences in terms of ethics and the cost to the state. Mandatory minimum, or in some states, “Three strikes and you’re out laws”, were designed to stop the drug trade by instituting a mandatory minimum sentence of 20 years to life after a certain number of crimes were committed. These laws were enacted so judges couldn’t be soft on repeat offenders, a good idea, but as Cannon argues, gone terribly wrong. Many criminals have gotten life sentences for petty theft, while others, convicted of violent off... ... middle of paper ... ...k, Evan, and Paul Larkin. "Reconsidering Mandatory Minimum Sentences: The Arguments for and Against Potential Reforms." The Heritage Foundation. The Heritage Foundation, 10 Feb. 2014. Web. 26 Feb. 2014. . Cannon, Carl M. "Petty Crime, Outrageous Punishment." 2005. 40 Model Essays: A Portable Anthology. Ed. Jane E. Aaron. Bedford: Bedford/St. Martin's, 2005. 579-84. Print. Khandros, Anna. "Exploring the Ethics of Mandatory Minimum Sentencing." Ethical Inquiry. International Center for Ethics, Justice and Public Life, Oct. 2011. Web. 26 Feb. 2014. . Mascharka, Christopher. "Mandatory Minimum Sentences: Exemplifying the Law of Unintended Consiquences." 2001. PDF file.
For a majority of the 20th century, sentencing policies had a minimal effect on social inequality (Western and Pettit 2002). In the early 1970s, this began to change when stricter sentencing policies were enacted (Western and Pettit 2002). Sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three-strikes laws were enacted with the purpose of achieving greater consistency, certainty, and severity in sentencing (National Research Council 2014). Numerous inequalities involving race, ethnicity, gender, and socioeconomic status have generated an unprecedented rate of incarceration in America, especially among minority populations (Western and Pettit 2010). With numerous social inequalities currently
Some unusual scenarios have come about due to these laws, particularly in California; some defendants have been given sentences of 25 years to life for such petty crimes as shoplifting golf clubs or stealing a slice of pizza from a child on the beach or a double sentence of 50 years to life for stealing nine video tapes from two different stores while child molesters, rapists and murderers serve only a few years. As a result of some of these scenarios the three strikes sentences have prompted harsh criticism not only within the United States but from outside the country as well (Campbell). Many questions have now arisen concerning the “three strikes” laws such as alternatives to incarceration for non-heinous crimes, what would happen if the state got rid of “strikes” and guaranteed that those convicted of a serious crime serve their full sentence? It is imperative to compare the benefits and the costs and the alternatives to incarceration when de...
A 1997 RAND Corporation study found that treatment of heavy drug users was almost ten times more cost effective in reducing drug use, sales, and drug-related crime than longer mandatory sentences (Echols, 2014). Other studies have shown that mandatory penalties have no demonstrable marginal or short-term effects on overall crime reduction either. Congress established mandatory sentences in order to incarcerate high-level drug criminals, but according to the U.S. Sentencing Commission, only 11 percent of drug charged prisoners fit that description (Echols, 2014). Most of those incarcerated are low-level offenders, whose spots in drug trafficking are easily filled by other people. Mandatory minimum sentencing is essentially a waste of scarce criminal justice resources and federal funds that could be used elsewhere, and The Smarter Sentencing Act’s reduction of mandatory minimums can be the first step in eliminating minimum sentencing altogether. Ideally, given the opportunity for discretion, judges would be more inclined to issue more effective alternatives to incarceration, such as rehabilitation programs and/or
Mandatory minimum sentences make up a large proportion of the criminal penalties in Canada; yet, there is little reliable evidence showing that variations in the severity of punishment have a substantial deterrent effect (Durlauf, Steven N., Nagin, and Daniel S. 2011). Mandatory minimum sentences also create harsher penalties for crimes that don’t deserve it, and don’t take into account the scenario in which these crimes were committed (Gabor, Thomas 2001). For example, the inflexibilities for crimes such as murder in certain contexts. An instance such as a spouse kills her tormentor in a premeditated fashion. Crimes like this are almost always prompted by severe treats to the spouse’s life, or the life of their children (Gabor, Thomas 2001).
The three-strikes law continues to arouse controversial issues in the United States. In Oklahoma, the three-strikes law is on the path of reformation. The three-strikes law states that offenders third drug-related conviction results in a life sentence (Oklahoman Editorial Board 2015). The article, “Oklahoma three-strikes law an example of why more corrections reform is needed” discusses the financial benefits and of reforming this certain law and the increase discretion given to judges (Oklahoman Editorial Board 2015). One issue of the three-strikes law is that the law puts nonviolent offenders in prison for life in a disproportionate ratio to violent offenders. For instance, out of 54 female and male inmates only three committed a violent
The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...
“The question of whether the death penalty is a more effective deterrent than long-term imprisonment has been debated for decades or longer by scholars, policy makers, and the general public” (Radelet & Lacock, 2009).
The minimum sentencing regarding drug crimes should be reduced because it negatively impacts everyone involved and is an unjust punishment across the board. I will discuss how the War on Drugs came about, how the current system for these crimes is racist and classist, the negative impacts that come from it across the board, the prison overcrowding issues, and how the minimum sentencing policy is ineffective. No matter how you look at it this issue, one wins in this situation and it’s time for a change.
Jenkins Jennifer “On Punishment and Teen Killers.” Juvenile Justice Information Exchange, 2 August 2011. 7 May 2014.
This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as they result in very few positive outcomes for the offender and society, increase recidivism rates, are very expensive, and in many cases are detrimental and unjust. Throughout this essay I will discuss two main cases that represent an unjust sentencing outcome due to the mandatory minimum sentencing laws. I will stress how it should be the discretion of the judge to individualize the sentences based on the offender’s mitigating factors, aggravating factors and background. Leroy Smickle is the first case discussed through the essay, which ended with the judge striking down the mandatory minimum sentences in Ontario due to the possession of a loaded gun. Robert Latimer was also a highly controversial Canadian case about a father who killed his mentally disabled daughter out of compassion to end her severe suffering. I will be using many academic articles throughout this essay to give empirical support to the overall argument.
Andre, Claire, and Manuel Velasquez. “Capital Punishment.” Our Duty or Our Doom. 12 May 2010. 30 May 2010 .
Fagan, Jeffrey. “Deterrence and the Death Penalty: A Critical Review of New Evidence.” Testimony to Jeffrey Fagan, Ph.D. Columbia Law School. 21 Jan 2005. Web. 14 Mar 2011.
Merica, Dan, Carol Cratty, and Jessica Yellin. "Eric Holder Seeks to Cut Mandatory Minimum Drug Sentences." CNN. Cable News Network, 01 Jan. 1970. Web. 27 Feb. 2014.
Shelden, R.G., Brown, W.B., Miller, K.S., & Fritzler, R.B. (2008). Crime and criminal justice in american society. Long Grove, Illinosis: Waveland Press, INC.
Mandatory minimums, harsh prison sentences imposed on offenders by law, where discretion is limited. Offenders, most of the time nonviolent, are faced with prison terms that are meant for a drug kingpin, not a low level first or second time offender. Mandatory minimums have been proven not to be the answer in our criminal justice system and need to be changed. Mandatory Minimums has created a problem within our society where we send everyone to prison and don 't present offenders with better opportunities. We have turned into a society focused on retribution and deterrence, and have forgotten about rehabilitation.