Between 1993 and 1995, twenty four states enacted three strikes sentencing policy which calls for much harsher sentencing of repeat felony offender. Most sentences for these repeat offender called for a minimum punishment of a life sentence with possibility of release until twenty five years have been served (1 Marvell, Moody 89). These laws where created to target and punish what lawmakers believed to be the small percentage of criminals that where committing the majority of serious crimes such as murder, rape, kidnaping, aggravated robbery, aggravated assault, and sexual abuse.
The logical reasoning by law makers was that the threat of longer prison term would serve to deter repeat offenders, and would incapacitate the most dangerous of criminals for a longer amount of time (1 Marvell, Moody 90). Lawmakers assumption was that those that have committed crime in the past and have been convicted of that crime would be far less likely to commit crime a 2nd or 3rd time when faced with much harsher sentencing when facing the possibility of life in prison time (1 Marvell, Moody 90). However it has not been proven that the three strike sentencing initiative has had any tangible effect on deterring crime time (1 Marvell, Moody 90).
Most states had stiffer criminal sanction in place before the three strikes law came into play for repeat offender and most of these criminals would serve lengthy terms for their repeat offenses anyways, however the discretion to impose those lengthy prison sentences was at the hands of the judge time (1 Marvell, Moody 90). One must also consider that not all criminals are even aware that the three strike law exist much less are aware of what its implications would be on their repeat offenses. An...
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...ery of a banking institution. We must call for elimination of three strikes sentencing and return discretion to the trial court, eliminating this clear violation of the Eighth Amendment to the U.S. Constitution.
Works Cited
Marvell, Thomas B., and Carlisle E. Moody. "The Lethal Effects of Three‐Strikes Laws." The Journal of Legal Sudies 30.1 (2001): 89-106. JSTOR. The University of Chicago for The University of Chicago Law School. Web. 16 Feb. 2014
2: Laird, Lorelei. "California Begins To Release Prisoners After Reforming Its Three-Strikes Law." ABA Journal 99.12 (2013): 1. Legal Collection. Web. 16 Feb. 2014.
3: Kovandzic, Tomislav V., Sloan,John J., I.,II, and Lynne M. Vieraitis. ""STRIKING OUT" AS CRIME REDUCTION POLICY: THE IMPACT OF "THREE STRIKES" LAWS ON CRIME RATES IN U.S. CITIES." Justice Quarterly : JQ 21.2 (2004): 207-39. ProQuest. Web. 16 Feb. 2014.
Houser, K. (2014). Nature of Crime, Deterrence Theory. Lecture conducted from Temple University, Ambler, Pa.
In California in 2000, Gary Ewing stole three golf clubs worth $399 each. The crime itself was not egregious; however, Ewing was on parole for a prior offense and was convicted for felony grand theft (“Ewing v. California”, n.d.). Under the three strikes law, it was discovered that he had previously been convicted for four serious or violent felonies. The court, at their discretion, had the option to reduce the conviction to a misdemeanor. Instead, it sentenced Ewing to 25 years to life in prison which felt was “grossly disproportionate” under the Eighth Amendment which prohibits cruel and unusual punishment. The State Court of Appeals affirmed the ruling as did the United States Supreme Court who ruled that the 25 year to life sentence was
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.
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 impact of 'three strikes' laws. Christian Science Monitor, 91, 1-5.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
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
9. Sherman L., Gottfredson D., MacKenzie D., Eck J., Reuter P., Bushway S. Preventing Crime: What Works, What Doesn't, What's Promising. A Report to the United States Congress. College Park, MD: University of Maryland, Department of Criminology and Criminal Justice, 1997.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
In California, the most notable reasons for this law were promoted by Fresno resident, Mike Reynolds. In 1992, his daughter was attacked and murdered by two men whom were parolees. The gunman was killed in a shoot-out with police, while the other offender only received a nine year prison sentence. This outraged many, including Mr. Reynolds. He then approached two democratic assemblymen, then they drafted the first three strikes bill, which was defeated. Mr. Reynolds kept campaigning to help pass this bill. He soon got most of his backing from another case, the Polly Klaas case. In this incident a twelve-year old girl was abducted from her bedroom in San Francisco and murdered by Richard Allen Davis. Davis had a lengthy criminal history, and had been released from prison bore he committed this heinous crime. This very case became the public’s main tool in wanting to put an end to “career criminals.” So, in 1994 the bill was finally pas...
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...
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 ...
Eagan, Jeffrey A. “Capital Punishment: Deterrent Effects and Capital Costs.” Law.columbia.edu. Columbia Law School, 2013. Web. 12 Feb. 2013.