Review Of ' Three Strikes ' Original Intent Essay

Review Of ' Three Strikes ' Original Intent Essay

Length: 722 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

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, 2005). Supporters of three strikes legislation claimed that these laws could be utilized as a tool to control the crime problem, and the only way to keep violent repeat offenders off of the streets (Brown & Jolivette, 2005).
Essentially, three strikes laws were implemented as a means to effect crime in two ways. Primarily, extending sentences to remove repeat offenders from society for long periods of time would restrict their ability to commit crime, generating an incapacitate effect (Dickey & Hollenhorst, 1999). Secondly, the threat of such long sentences would dissuade some offenders from engaging in new crimes, a deterrent effect (Brown & Jolivette, 2005). Three strikes laws became widespread in 1993 when Washington became the first state to implement them (Dickey & Hollenhorst, 1999). A year later, thirteen states and a federal version of three strikes had been imposed, and in 1995, nine additional states adopted similar laws (Dickey & Hollenhorst, 1999).
Three strikes legislation...


... middle of paper ...


...ntence 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, p.1).
Three strikes laws appear to grant prosecutorial or executive discretion, which limits judicial discretion in sentencing, raising constitutional concerns about the separation of power (Brown & Jolivette, 2005). In Ewing V. California (2003), the U.S. Supreme court ruled it constitutional to sentence a repeat offender to an indeterminate life sentence for committing a nonviolent or nonserious felony” (Brown & Jolivette, 2005, p.1). The U.S. Supreme court also ruled in People V. Superior Court (1996), that three strikes did not eliminate judicial discretion to dismiss prior serious or violent felony convictions (Brown & Jolivette, 2005, p.1).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Three Strikes Law Is On The Path Of Reformation Essay

- 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)....   [tags: Criminal law, Crime, Three strikes law, Sentence]

Better Essays
1337 words (3.8 pages)

Essay on The Ethics Of The Three Strikes Law

- Following the murders of two young girls, both killed by repeat offenders, the people of California decided it was time to eradicate recidivism and crack down on crime. The general view was that violent criminals needed to be kept in prison where they could not harm the public, and the existing criminal justice system was not doing enough to deter crime. Out of this wave of moral outrage came what was to be the harshest sentencing legislation in the country. The “Three Strikes and You’re Out” Law passed with an overwhelming 70% of votes and went into effect in November of 1994....   [tags: Prison, Crime, Law, Life imprisonment]

Better Essays
1952 words (5.6 pages)

The Influence of the Three Strikes Laws Essay

- The Three Strikes laws is a law that was first employed in the 1990’s and was established due to the public's dissatisfaction with other laws that were not reducing crime. In 2012 legislators finally realized that the Three Strikes law was not doing what it was intended to do and revised it to impose life sentences to the most violently dangerous criminals. The law allows for a person to be sentenced to prison for 25 years to life after their third strike. Prior to 2012 all crimes committed by criminals were considered under the three strikes....   [tags: Crime Reduction, Incarceration Increase]

Better Essays
1648 words (4.7 pages)

Essay on The California Three-Stike Law

- 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....   [tags: Three Strikes Sentencing Laws]

Better Essays
2817 words (8 pages)

Modification of the Three Strikes Rule Essay

- In the early nineteen-seventies, the state of California reported a radical increase in crime rates compared to the rest of the nation. In order to make California a crime free state, it began moving away from sentences that emphasized rehabilitation of criminals and started focusing more on retribution and prevention. This legislative movement was to extend jail sentence for certain crimes and transform felony sentences from undetermined to determined imprisonment terms. During the nineteen-eighties, the legislature continued to increase jail terms for felonious offenses, but crime and homicides were on the rise in California, despite the dynamic changes and continued to rise until ninetee...   [tags: Crime Prevention, Rehabilitation]

Better Essays
1732 words (4.9 pages)

Essay about Problems with the "Three Strikes" Laws

- 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....   [tags: Criminology]

Better Essays
1504 words (4.3 pages)

Three Strikes Law Essay

- Three Strikes Law Recidivism is a tendency to relapse into a former pattern of behavior or a tendency to return to criminal behavior. Many studies have been conducted about criminals who begin with petty crimes (misdemeanors) that repeat the same crimes or graduate to serious crimes (felonies). The fear of repeat offenders and the increase of recidivism ignited the federal and state governments to seek harsher ways to protect citizens’ safety. Mike Reynolds a photographer whose daughter, Kimber, was murdered in1992 during a purse snatching incident introduced the Three Strikes Law in 1993....   [tags: Law, Recidivism, Career Criminals ]

Better Essays
1750 words (5 pages)

Three Strikes Law Essay

- 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....   [tags: essays research papers]

Better Essays
2022 words (5.8 pages)

A Hurricane Strikes - Original Writing Essay

- A Hurricane Strikes - Original Writing It was an ordinary Sunday morning. The rays of golden sunlight shone on the modest but lively village. The constant murmur of chatting filled the morning air. As children played and laughed, the men relaxed with their noses in their Sunday papers and the old ladies gathered to exchange the latest gossip. The huge trees looked protectively down on the village below and their leaves danced proudly in the breeze. In the distance, all the identical cottages had smoke rising from the chimneys....   [tags: Papers]

Better Essays
780 words (2.2 pages)

The Washington State Three-Strikes Law Essay

- It is difficult to determine whether the three-strikes law in Washington is an effective form of legislation. In 1993, Washington was the first state in the nation to adopt three-strikes legislation which imposed a mandatory life sentence without the possibility of parole for persons convicted for a third specific violent felony. The action was fueled by the highly publicized death of Diane Ballasiotes, who was raped and murdered by a convicted rapist who had been released from prison. Voters, who were overcome with emotion over the atrocious acts committed by a released felon, passed the bill by a three to one margin....   [tags: Law Court Legislation Felony]

Free Essays
914 words (2.6 pages)