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The problem with three strikes legislation
Critical analysis on three strikes law
3 strikes law flaws
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One of the most popular strategies imposed for habitual offenders came in the 1990s, known as three strikes laws. These laws stipulate that if an offender commits a third strike felony, they will be locked up for an extended amount of time, even including life in prison without parole. Three strikes laws are long prison sentences given to repeat offenders for serious violent crimes. Three strikes refers to the popular baseball term “three strikes and you’re out.” With three strikes legislation, offenders with two prior violent felony convictions convicted of a third felony, will receive a 25 year to life sentence. What sounds like an appealing get tough strategy, may in fact do the reverse of its intended result. The three strikes law is an attempt to reduce crime by isolating habitual criminals from a society in which they obviously cannot control themselves in. Recidivism refers to committing the same crime repeatedly, despite having been found guilty and serving the punishment. In this literature review, empirical evidence provided by respected criminal justice …show more content…
However, it is absolutely horrifying to find a policy to actually increase crime, and one that is so demeaning to human life. Obviously, three strikes laws have only been enacted for a couple of decades, and research on empirical evidence is minimal, but the negatives outweigh any benefits to such a policy. This policy found minimal support of its main purposes—reducing crime through deterrence and incapacitation. Given a public safety standpoint, three strikes laws actually increase the likelihood of homicides, which should be the only factor in the demise of a policy. The results of three strikes laws are not supportive of the idea of reducing recidivism, and thus, I believe three strikes legislation should be
It was intended to punish serious or violent repeat offenders so alternatives would apply to non-violent, petty offenders. The first alternative is rather simple in that the law could allow prosecutors to consider whether a defendant’s “background, character and prospects” placed him or her outside of the “spirit” of three strikes (Bazelon, 2010). This plea for leniency has been used in appeals to prevent minor offenders from life sentences. It could also be used in cases with mitigating circumstances involving the offender such as mental retardation, child abuse, or mental illness (Bazelon, 2010). Norman Williams was a homeless drug addict in 1997 when he was sentenced to life under the law after he stole a floor jack. A few years later his case was reviewed during which it was discovered that Williams grew up with a mom who was a binge drinker who pimped him and his brothers out to men that she knew. As a result of the abuse, Williams became a cocaine addict as an adult living on the streets of Long Beach, California. This information was had not been introduced at trial but after much effort he was released in 2009 (Bazelon,
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...
the "Three Strikes" law. There has been a swift and dramatic impact on crime since the enactment of the "Three Strikes" law. The crime rate has dropped more than 30%. But
The driving force behind "three-strikes" legislation in Washington, were politicians wanting to "get tough on crime". The reasoning behind the law was to reduce recidivism and get violent offenders off the street. I think that the legislation was merely a response to public outcry rather than a well thought out strategy to actually reduce crime. Advocates say that after "three-strikes" laws were adopted across the country there was a drastic reduction in crime in general. They also argue that once a person has committed a his second "strike" and knows that he faces a life sentence if convicted again will think twice before committing another crime. These arguments are fallacies. Finally what supporters fail to point out is that these three-strike laws target minorities over whites in a severely disproportionate amount.
Officially known as Habitual offender laws; “Three Strikes” laws have become common place in 29 states(Chern) within the United States and the Federal Court system; these laws have been designed to counter criminal recidivism by incapacitation through the prison system. The idea behind the laws were to maximize the criminal justice systems deterrent and selective incapacitation effect, under this deterrence theory individuals would be dissuaded from committing criminal activity by the threat of state imposed incarceration. Californians voted in the “three strikes” law (proposition 184) on March 7 1994 by a 72% vote with the intention of reducing crime by targeting serious repeat offenders with long term incarceration thereby eliminating the ability to commit another offense.
Sense and Nonsense about Crime and Drugs by Samuel Walker Samuel Walker, author of Sense and Nonsense about Crime and Drugs, presented us in his book with forty-eight propositions that dealt with crime, drugs, and our efforts toward getting rid of these problems. A few of these propositions informed us on positive actions taking place in our criminal justice system, but the majority of them told us what was not working to fight crime and drugs. One of those propositions that was a negative aspect of our justice system today in Mr. Walker's eyes was the "three strikes and you're out" laws (referred to here after as three strikes laws). He gives numerous reasons why this law is not considered to be an effective one. This paper will first explain Walker's view on the issue and then review some of the current research and opinions on the matter.
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
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...
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
Starting in 1993, over half the states and the federal government enacted some form of “three strike and you’re out” legislation, also sometimes called the “habitual offender law” (Marion and Oliver, p.350). 2012). The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' The state of Washington was the first to implement the three strike law; the state of California soon followed with a broader version of the law. The three strike law made mandatory that those offenders who have been convicted three times for serious crimes be sentenced to life in prison. Even though adopted versions of the law vary among states, some states reduce judicial discretion while some states allow some judicial discretion. For example, the state of California requires twenty-five years to life in prison for any individual who has been convicted of any felony following two prior convictions for serious crimes.
Today there is a growing awareness of repeat offenders among society in reference to crime. Starting around 1980 there was noticeable increase in crime rates in the U.S.. In many of these cases it was noted that these individuals were in fact repeat offenders. So, on March 7, 1994 California enacted the Three-Strikes and You’re Out Law. This laws and other laws like it are currently being utilized today all around the Untied States. This law was first backed by victim’s rights advocates in the state to target habitual offenders. The reason California holds the most importance on this law is due to the fact that it has the largest criminal justice system in America, and it has the most controversy surrounding this law in particular.(Auerhahn, p.55)
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...
There are better ways to punish criminals and protect society than mass incarceration. The state and local governments should be tough on crime, but “in ways that emphasize personal responsibility, promote rehabilitation and treatment, and allow for the provision of victim restitution where applicable” (Alec, 2014). The government also succeeds in overseeing punishment but fails to “…take into account the needs of offenders, victims, and their communities.” (Morris, 2002: Pg. 1 and 2). Alternatives to incarceration, such as sentencing circles, victim offender mediation, and family conferences, can successfully hold criminals responsible while allowing them a chance to get “back on their feet”. Research has proven that rehabilitation has lowered the rate of re-offenders, reducing the crime rate, protecting communities and also saves a lot of
The rate of repeat offenders is rising and the need to suppress this rate should be attended to immediately. Statistics supports the implementation of stricter rules, as the continual rate of the repeat offenders increases.
principle differentiating the two is the intent of the perpetrator of either an assault or battery. A