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The three strikes law pros and cons
The three strikes law pros and cons
Three strikes law impact on California
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Literature Review
Three Strikes: Original Intent
Repeat offenders are perhaps the most difficult offender population for the system to handle, and “protecting communities from these offenders may be the most emotionally and politically charged challenge for the criminal justice system” (Dickey & Hollenhorst, 1999). Though most states had statues targeting career criminals, policy makers and the public continued to push for harsher punishments for repeat offenders during the twentieth century (Brown & Jolivette, 2005). As a result, strict sentencing laws were enforced, such as, three strikes laws that required a person convicted of a felony, that had a previous conviction of one or more felonies to receive a sentence enhancement (Brown & Jolivette,
Essentially, there is a basic assumption that offenders are rational in choosing to engage in crime, and that they are all treated fairly throughout the justice process. However, these assumptions are questionable when assessing three strikes laws, which are not always applied evenly. Thus, three strikes laws have been scrutinized for raising concerns with regard to its legality and constitutionality. The lack of clarity on three strikes laws has raised questions in regard to “juvenile convictions without the right to a jury trial as being a strike, whether courts have the authority to dismiss a third felony case, if felonies in other states can be counted as strikes”, and so on (Brown & Jolivette, 2005, p.1). The most significant challenge is the claim that three strikes violates the 8th amendment, against cruel and unusual punishment, in that, a repeat offender can be given a 25-year to life sentence for a nonserious or nonviolent felony conviction (Brown & Jolivette, 2005). Some also believe that three strikes violates the “proportionality rule” in sentencing, because the sentence does not fit the crime, in that, “ a relatively minor crime committed by a repeat offender could result in a much harsher punishment than a violent crime committed by a first-time offender” (Brown & Jolivette, 2005,
Kimber Reynolds was eighteen at the time and came home to Fresno to be a bridesmaid. She was leaving a restaurant when two men on motorcycles attempted to snatch her purse (Laird, 2013). She resisted and one of the men shot her resulting in her death twenty six hours later. Her family discovered that both men had prior offenses mostly for drugs and petty theft. Kimber’s dad, Mike Reynolds, drafted a “three strikes and you’re out” law for punishing repeat offenders. After advertising it as a way to keep violent repeat offenders off the street, California passed the law two years later (Laird, 2013). The law doubled prison time for a second felony if the offender had a prior serious or violent felony. If an offender had two prior serious or violent felonies, it would mean 25 years to life for “third strike” even though the third felony did not have to be serious or violent. As a result, people in California were sentenced to life in prison for petty theft and drug possession (Laird,
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.
Three Strikes You're Out of Law. We have all heard of the newest anti-crime law, the "Three strikes. and you’re out" of the law. It wasn’t easy getting this law from the bill stage.
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
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.
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...
The deterrent effect of three strikes law. FBI Law Enforcement Bulletin, 68, 6-11. Tischler, E. (1999, Feburary). Three strikes striking out?
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...
Because these changes in sentencing policy have created greater prison populations, laws like the Three Strike Policy have parole officers with a heavier burden. This increased work load transformed the focus of parole supervisors from rehabilitation of ex offenders, to law enforcement. (Travis 241) New modes of surveillance were introduced and by 1997, the rate of successful reentry was at a low of 44%— successful reintegration back into society was not the norm for most individuals. (Austin
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
Juvenile crime in the United States is ballooning out of control along with adult crimes, and politicians and law enforcement officials don’t seem to be able to do anything about it. Despite tougher sentencing laws, longer probation terms, and all other efforts of lawmakers, the crime and recidivism rates in our country can’t be reduced. The failure of these recent measures along with new research and studies by county juvenile delinquency programs point to the only real cure to the U.S.’s crime problem: prevention programs. The rising crime rates in the United States are of much worry to most of the U.S.’s citizens, and seems to be gaining a sense of urgency. Crime ranks highest in nationwide polls as Americans’ biggest concern (Daltry 22). For good reason- twice as many people have been victims of crimes in the 1990s as in the 1970s (Betts 36). Four times as many people under the age of eighteen were arrested for homicide with a handgun in 1993 than in 1983 (Schiraldi 11A). These problems don’t have a quick fix solution, or even an answer that everyone can agree on. A study by the Campaign for an Effective Crime Policy has found no deterrent effects of the “Three Strikes and You’re Out” law recently put into effect by politicians (Feinsilber 1A). It has been agreed however that there is not much hope of rehabilitating criminals once started on a life of crime. Criminologist David Kuzmeski sums up this feeling by saying, “If society wants to protect itself from violent criminals, the best way it can do it is lock them up until they are over thirty years of age.... I am not aware of any treatment that has been particularly successful.” The problem with his plan is that our country simply doesn’t have the jail space, or money to ...
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.