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The Three Strike law has proposed problems for many years and it has often been labeled as cruel and usual punishment by many Americans and for those outside the country. The cons far outweigh the pros and it is also arguably unfair punishment depending on each situation. Most importantly, the punishment doesn't always fit the severity of the crime. The law was put in place to deter people from repeating crimes serious crimes, but past statistics prove that the three strikes law is not the solution to such a problem. It is important to fully address the problems that associate with the three strikes law.
First and foremost, The Three Strike Law has increased the inmate population and cost the tax payer money, contributing to the aging of prisoners that only increased the costs. The cost had exceeded the benefits. According to ACLU (2018), it generally cost around 20,000 dollars to imprison a young offender, but it cost
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Overall, it all depends on the circumstances and that's why the three strikes law is a problem because it doesn't take into the account a person's motives, severity of crime, or if they show sincere remorse. The offender’s past crimes are determining their present convictions. Every case should be tried case by case and no law should change the sentence; that is something reserved for the judge's decision. However, it is important to mention that by definition criminals break the law. You can't change the laws and expect a change in the criminal. You have to change the criminal through education, counseling and employment opportunities. I understand the frustration on the victim’s side. If you lost someone you loved to someone who has an arrest record three pages long, you wouldn't be parading around the convict hoping he or she tries to turn their life around after getting multiple chances to do it before. Punishment should fit the crime
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)
...e data I gathered from both sides of the argument, I have come to a conclusion on whether the law is just. Personally, I feel these laws are not as harsh as some people have made them out to be. We must tackle criminals of any kind to maintain a good society. How can we have this good society if habitual offenders keep polluting it? Deterrence seems positively correlated with the facts I presented in the argument that supported the Three Strikes law. Crime went down with the implementation of these laws. My overall thoughts are that if a person cannot grow and learn from their mistakes to become better individuals, then they must be taken off our streets. Criminals are just that C R I M I N A L S. Certain crimes serve as stepping stones to more violent crimes. The threat of these long sentences may stop a second time offender from committing their third offense. This law can help reduce the prison population by serving as a deterrent to these potential repeat offenders.
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...
“A Death in Texas” by Steve Earle is the true-life story of a friendship that occurred over ten
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.
Mandatory sentencing refers to the practice of parliament setting a fixed penalty for the commission of a criminal offence. Mandatory sentencing was mainly introduced in Australia to: prevent crime, to incapacitate the offenders, to deter offenders so they don’t offend again, to create a stronger retribution and to eliminate inconsistency. There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders. Those in favour argue that it will bring consistency in sentencing and conciliate public concern about crime and punishment.
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
In Canada, over two-dozen offences in the Criminal Code carry mandatory minimum sentences. These offences include first and second-degree murder, a series of firearm-related offences, impaired driving and related offences, high treason, and gambling offences (Gabor and Crutcher 2001). Although there are so many crimes that carry mandatory minimum sentences, they are not the best way to reduce crime in Canada.
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...
Since the 1980s, the federal prison population of the US has grown from 24,640 to 214,149 (Population Statistics 1). This figure may appear miniscule given the fact that there are over 300 million people residing within the United States. However, this is just one figure of many; currently, the United States holds the largest prison population total out of any country at 2,217,000 (Prison Population Total 1). This major increase in incarceration is not the product of a higher crime rate, but due to the creation of sentencing guidelines that followed the enactment of the Sentencing Reform Act of 1984. These guidelines require that certain federal and state crimes result in a set minimum of years in prison. The minimum sentencing guidelines
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...
Starting in 1993, over half the states and the federal government enacted some form of “three strike and you’re out” legislation also sometimes called the “habitual offender law” (Marion and Oliver, p.350. 2012). The state of Washington was the first to implement the three strike law; the state of California soon followed with a broader version of the law. The three strike law made mandatory those offenders who have been convicted three times for serious crimes to be sentenced to life in prison. Even though adopted versions of the law vary among states, some states reduce judicial discretion while some states allowed some judicial discretion. For example, the state of California requires twenty-five years to life in prison for any individual
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...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs