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Impact of "three strikes" legislation
Three strikes law problems
Problems with the three strikes law
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America has the highest incarceration rate in the world, at 100 prisoners for every 100,000 citizens. Our judicial system is supposed to interpret the laws and constitution, providing fair punishment for criminals, but it often falls short. Judges are forced to uphold unjust policies, and some allow their personal bias to influence sentencing. This results in overcrowded and underfunded prisons with an extreme racial disparity. The three strikes law was created under the Violent Crime Control and Law Enforcement Act of 1994, requiring a life sentence for felons convicted of a serious and violent felony, with at least two prior criminal convictions, whereas at least one of the former felonies must have also been serious or violent. A serious …show more content…
A new amendment would “[R]emove the crimes of burglary and robbery that don’t actually result in significant bodily harm from the list of crimes classified as violent felonies,” (Ellie). It would also, similar to Proposition 36, allow those sentenced under the previous law to petition the court. California Secretary of State Padilla stated backers of the amendment are gathering the signatures necessary to submit a ballot. According to the Legislative Analyst’s Office and the Department of finance, such a measure could save an estimated $100 million annually. (Ellie) The three strikes law has been challenged to be unconstitutional, violating the Eighth Amendment, which prohibits cruel and unusual punishment (Cornell Law). A defendant was found guilty of stealing $150 worth of videotapes from various California department stores, which appears a mild crime. However, he has two prior convictions, and per California’s three strikes law, he was sentenced 50 years in prison (FindLaw). This was eventually taken to the Supreme Court in the case of Lockyer v. Andrade, where the punishment was deemed
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,
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)
There were repeated warnings about the cost of implementing the new law. but few have addressed the other side of the equation and the savings to the state, in lives and in dollars. Has our 1993 crime rate continued? unaffected over the past few years, nearly 815,000 additional crimes. would have been committed in California, including 217,000+ violent crimes.
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 roots of this law actually come from Washington State. This state was the first state to actually pass a no-nonsense three strikes policy. The first movement toward this began in the summer of 1991 as research project for the Washington Institute for Policy Studies. The main goals for the project were to examine and review the current practices of sentencing career criminals, and to make recommendations as needed. The researchers wanted anyone who as convicted of a third serious felony to be sentenced to life without the possibility of parole. They wanted there to be no sympathy whatsoever for the criminals. This law was not enforced there until December 1993. (Lacourse, p.1)
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.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. The ineffectiveness of the United States’ criminal justice system is caused by mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism.
The best solution to an increase in crime rates in New Mexico would be to implement a stronger three strikes law because putting the repeat offenders behind bars for committing the violent crime that is dangerous to the society, which is one step closer to improving the problem. The tougher three strikes law would have the mandatory longer prison time for the criminals which is definitely needed to reform the three strikes law in New Mexico. However, if we do not happen to make the three strikes law tougher in New Mexico, we will significantly see an increase in the violent crime rate in the future which might become difficult to control later as it will become so wider than before. I believe it is still better to make the law harsher because
The United States of America has the world’s highest incarceration rates, for several reasons. The United States of America doesn’t necessarily possess any unique strict laws in comparison to other countries of the world, yet we still have the highest incarceration rate in the world. More federal level and state level prisons are built in order to control and hold more prisoners because most are reaching its full capacity. The United States of America’s “crime rates” increased about 40 years ago when there became a new focus in the areas of crime. The President of the United States of America at the time Richard Nixon used the term “a war on drugs” in order to shed light on public health due to substance abuse. Initially, these policies created
“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” (Nelson Mandela, 1994). The United States of America has more people behind bars than any other country on the planet. The prisons are at over double capacity. It cost a lot of money to house prisoners each year. A large number of the prisoners are there because of drug related offenses. There are prisoners who have been sent to prison for life for marijuana related drug offenses. Many prisoners have been exonerated after spending many years behind bars due to the corruption in our legal system. 32 States in United States of America still execute prisoners even though there is no evidence to suggest that capital punishment is a deterrent. Prison reform is needed in America starting at the legal system and then ending the death penalty.
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
In America alone, we have the highest prison population in the world. There are about 2,200,000 Americans incarcerated in jails,
Overcrowding of prisons due to mass incarceration is among one of the biggest problems in America, mass incarceration has ruined many families and lives over the years.America has the highest prison population rate , over the past forty years from 1984 until 2014 that number has grown by four hundred percent .America has four percent of the world population ,but twenty-five percent of the world population of incarcerated people Forty one percent of American juveniles have been or going to be arrested before the age of 23. America has been experimenting with incarceration as a way of showing that they are tough on crime but it actually it just show that they are tough on criminals. imprisonment was put in place to punish, criminals, protect society and rehabilitate criminals for their return into the society .
America locks up five times more of its' population than any other nation in the world. Due to prison overcrowding, prisoners are currently sleeping on floors, in tents, in converted broom closets and gymnasiums, or even in double or triple bunks in cells, which were designed for one inmate. Why is this happening? The U.S. Judicial System has become so succumbed to the ideal that Imprisonment is the most visibly form of punishment. The current structure of this system is failing terribly. To take people, strip them of their possessions and privacy, expose them to violence on a daily basis, restrict their quality of life to a 5x7ft cell, and deprive them of any meaning to live. This scenario is a standard form of punishment for violent offenders, although not suitable for nonviolent offenders.