The California Three-Stike Law

2817 Words6 Pages
bulb-icon

Recommended: Problems with the three strikes legislation

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.

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...

... middle of paper ...

...
Reynolds, Mike. 15 years before "Three Strikes" to 15 years after "Three Strikes"!. N.p., 2009. Web. 7 May 2015.

.

Schiraldi, Vincent. "Three strikes and you're out: an examination of the impact of strikes laws 10 years after their enactment." Justice Policy Institute. Justice Policy Institute, march 2004. Web. 12 May 2015. .

Shepherd, Joanna. "Fear of the first strike: the full deterrent effect of California." Journal of Legal Studies 31.1 (2002): 159-201. Web. 12 May 2015. .

"The three strikes and you’re out law." analysis of the 1995-1996 budget bill. legislative Analyst's Office, 22 feb 1995. Web. 13 May 2015. .

Show More
Related

  • Dedicated Police Officers in the Film, End of Watch

    1221 Words  | 3 Pages

    Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.

    Read More

  • The Punishment Imperative Summary

    796 Words  | 2 Pages

    Increased tensions during the 1960s in the context of the Civil Rights Movement started to cause an increase in crime, sparking a newfound belief in incarcerating the masses to prevent more crime from occurring. During the 1970s, the likelihood of being incarcerated increased for nearly every citizen, especially low-level offenders. Clear and Frost thoroughly explain that the Punishment Imperative in the 1980s was caused by changes in government “policies and practices associated with the increasingly ubiquitous War on Drugs” (31). Changes in sentencing guidelines, mandatory minimum sentences, and three strikes legislation were though to be initially helpful in decreasing the rate of incarceration, but they proved to do the exact opposite. Policies also regarding reentry into society, access to education, public housing, and child custody for ex-convicts continued to play a major role in the increase in incarceration because newly released convicts had an extremely difficult time reintegrating into society. Clear and Frost continue to argue their point as they reach incapacitation in the 1990s, where they discuss how the government focused generally on increasing the lengths of stay within prisons instead of increasing the amount of people being incarcerated. Clear and Frost use quantitative data to explain the government policy called

    Read More

  • Three Strikes Law: Ewing V. California

    1900 Words  | 4 Pages

    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,

    Read More

  • Problems with the "Three Strikes" Laws

    1504 Words  | 4 Pages

    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.

    Read More

  • Three Strikes And Youre Out Law

    1680 Words  | 4 Pages

    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.

    Read More

  • Critical Analysis Of Bring Back Flogging

    1362 Words  | 3 Pages

    In “Bring Back Flogging”, Jeff Jacoby argues why the current criminal justice system in America is not effective or successful. As a solution, he suggests that America should bring back the old fashioned form of punishment once used by the puritans, flogging, as an alternative to imprisonment (198). This article originally appeared in the op-ed section of the Boston Globe newspaper. Therefore, the primary audience of this article is people who want to read arguments about controversial topics and have probably read some of his other articles. His argument that the current criminal justice system is not working is extremely convincing. He appeals to pathos and uses statistics to prove that thesis and to persuade the audience.

    Read More

  • Three Strikes Law

    2022 Words  | 5 Pages

    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)

    Read More

  • Sense and Nonsense about Crime and Drugs by Samuel Walker

    1515 Words  | 4 Pages

    Samuel Walker conducted very thorough research on the propositions he presented to us in his book. His twentieth proposition read as follows; " 'Three strikes and you're out' laws are a terrible crime policy" (Walker, 1998: 140). Walker justifies his claim by asking and then explaining three questions. The first question is whether the law would actually be implemented.

    Read More

  • Supermaximum Security Prisons

    1377 Words  | 3 Pages

    Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.

    Read More

  • The Flaws of Incarceration in America

    1359 Words  | 3 Pages

    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...

    Read More

  • Intersectionality In Prison System

    1594 Words  | 4 Pages

    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

    Read More

  • The Pros And Cons Of The Three Strikes Law

    1172 Words  | 3 Pages

    The three strikes laws is a legal system that many states have adapted that specifies if one commits three felonies then they automatically receive a life sentence (Cite 19). While they vary from state to state, currently 28 states have the three strikes law in place. The problem is the three felonies do not have to be violent. For instance, someone who may have stolen a felony amount of goods, forged government paperwork, and got caught with a large amount of drugs could be facing life in prison for their three separate felonies (“Three Strikes”). While this law was created to keep people who really deserve to spend their life in prison locked up, it often affects other non-violent criminals who have made some bad decisions. The statistics are staggering as well. Currently out of all the people who are in incardinated under the three strikes law, less than half are in for violent crimes (“Three Strikes”). America needs to seriously reevaluate their three strikes law. It does not necessarily have to be taken completely off the law book, as it is does have it place for some offenders. Yet it needs to be heavily modified in order to have the ability to free up more cells for people who really deserve to be

    Read More

  • Juvenile Crime Prevention in America

    1869 Words  | 4 Pages

    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 ...

    Read More

  • The Criminal Justice System

    1478 Words  | 3 Pages

    Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century

    Read More

  • Death Penalty Essay: Barbaric Capital Punishment

    1361 Words  | 3 Pages

    Van den Haag, Ernest. Punishing Criminals: Concerning a Very Old and Painful Question. Basic Books, Inc.: New York, 1975.

    Read More

More about The California Three-Stike Law

Open Document