Problems with the "Three Strikes" Laws

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One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. This law, which is already in twenty-seven states, requires that offenders convicted of three violent crimes be sentenced to life in prison without chance of parole. The law is based on the idea that the majority of felonies are committed by about 6% of hard core criminals and that crime can be eliminated by getting these criminals off the streets. Unfortunately, the law fails to take into account its own flaws and how it is implemented.

One of the problems with the law is its principle of removing judicial discretion. This severely hinders a judge's ability to make a punishment fit the crime. While some felons deserve life in prison, it is unfair to create a standard that would force judges to sentence offenders to life imprisonment for relatively minor crimes.

The chance of reform is completely removed. Mimi Silbert, president of the Delancey Street Foundation, a half- way home for prisoners, tells the story of Albert who was sent to San Quentin Prison at age 19; by then he had committed 27 armed robberies. Under three-strikes-and-you're-out, he would still be in prison. Released at age 36, he is a caring father, works as a plumber and a substitute teacher, and has led a drug-free, crime-free life. A three-strikes law would deny this chance to Albert and to many others like him. Felons are capable of reform, but this law would deny them that chance.(Silbert)

The assumption that all three-time offenders are incorrigible criminals is an oversimplification of a more complex problem. Three-strikes is based on this assumption that a few extreme cases are representative of all criminals. Mimi Silbert points...

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...to improve on their public image, and with crime as one of the most important issues in the American awareness, this issue is one that they address regularly. The solutions to this issue will come easier when the politicians decide to find the right ways to deter crime and not just try to hide the criminals.

Works Cited

Self-help Programs Can Help Felons Turn Their Lives Around, Mimi Silbert, http://articles.philly.com/1994-02-04/news/25860646_1_prison-terms-criminals-drug-sales

The High Cost of Emptying Prisons, Robert Gangi, http://www.facts1.net/article.php?id=1304

Adding Value to Justice Outcome Evaluations, Edwain Zedlewski, https://www.ncjrs.gov/pdffiles1/nij/grants/230402.pdf

Where Three Strikes Plan Takes usin 20 years, Robert Gangi, New York Times, http://www.nytimes.com/1994/02/07/opinion/l-where-three-strikes-plan-takes-us-in-20-years-107212.html

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