Preview

Three Strike Law

Good Essays
Open Document
Open Document
670 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Three Strike Law
Three Strikes Law
Jackie Andre
Criminal Justice 140

Fact, 3 Strikes Law clogs the courts docket. Fact, the law destroys the flexibility of the courts and the judges. Fact, not all felonies are considered violent. Fact, the 3 Strikes Law impose life sentences on offenders whose crimes don 't warrant such harsh punishment . The United States criminal court systems are notably overcrowded due to the pressing backlogs of the increasing crime rate of our country. On March 4th 1994,the 3 Strike law came into effect. The 3 Strike law states that a person who is convicted of three felonies is given a mandatory 25 to life sentence (ACLU,2002). According to US Legal Definition, a felony is an offense for which a sentence to a term of imprisonment in excess of one year is authorized. Felonies are serious crimes, such as murder, rape, or burglary, punishable by a harsher sentence than that given for a misdemeanor (USLegal,2010). The 3 Strikes Laws will impose life sentences on offenders whose crimes don 't warrant such harsh punishment. For example, a person drives a motor vehicle after consuming alcohol beverages, the driver falls sleep while driving then crashes into a unoccupied vehicle which is parked on the side of the road. When law enforcement arrives, the vehicle operator is given a field sobriety and breathalyzer test and learns that the driver is well above the legal drinking limit. This is considered a victimless crime due to there was no victim injury and a felony due to the driver being intoxicated while committing property damage. Let’s change the example a little. A person drives a motor vehicle after consuming alcohol beverages, the driver falls asleep while driving when suddenly the driver crashes into a occupied vehicle which is parked on the side of the road. When law enforcement arrives, the vehicle operator is given a field sobriety and breathalyzer test and learns that the driver is well above the legal drinking limit. This would be



References: American Civil Liberties Union , Initials. (2002, March 17). 10 reasons to oppose "3 strikes, you 're out" . Retrieved from www.aclu.org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/10-reasons-oppose-3-strikes-youre- Institution of public law. (1997-2010). Retrieved from index2.php?reqstyleid=1# Uslegal,Inc. (2001-2010). Retrieved from www.definitions.uslegal.com/f/felony/

You May Also Find These Documents Helpful

  • Satisfactory Essays

    DQ 4: Should juveniles who are arrested three or more times face mandatory incarceration sentences such as those contained in the three-strikes legislation?…

    • 435 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    The three strikes statutes are seen as a way to combat the nation 's crime problem. After Polly Klass was…

    • 946 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Beginning in the early 1990s, states began to enact mandatory sentencing laws for repeat criminal offenders. These statutes came to be known as "three strikes laws," because they were invoked when offenders committed their third offense. By 2003 over half the states and the federal government had enacted three strikes laws. The belief behind the laws was that getting career criminals off the streets was good public policy. However, incarceration of three strikes inmates for 25 years to life would drive up correctional costs. The U.S. Supreme Court has upheld three strikes laws and has rejected…

    • 234 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    “One punch” assaults known as “The King Hit” have cost over 90 lives since the year 2000. New South Wales have had the largest number of one punch assaults which is 28, followed by Queensland and Victoria who have recorded 24 cases each. Picture this, imagine a teenage boy who is having fun with his mates, and he gets “King Hit” by a stranger in which had taken his life. You would think that the killer would receive a very harsh prison sentence right? Well that isn’t always the case. One person who was a victim in a situation very similar to this. Thomas Kelly. Thomas Kelly is an 18 year old boy who was “King Hit” in Kings Cross in New South Wales. All it took was one punch to end his life. The attacker received a 4 year minimum prison sentence. The public was disgusted with the Australian justice system. These one punch offenders should receive a much higher prison sentence than others have had in previous years. How would you feel the person who killed your friend or family member would be walking out on the streets in only a few years time. There are three main points I am going make about this issue. They include: the prison sentencing is too low, victims family and friends pay the price and one punch assaults cause by alcohol and drugs.…

    • 1119 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Thesis: The United States does not subject prisoners to cruel and unusual punishment as stated in the constitution…

    • 422 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The United States Sentencing Commission is responsible for sentencing policy in federal courts. In 1980 they reformed the federal sentencing. The intent was to provide determinate sentencing. Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. “Coinciding with the development of determinate sentencing has been the development of sentencing guidelines to control and structure the process and make it more rational. Guidelines are usually based on the seriousness of a crime and the background of an offender: The more serious the crime and the more extensive the offender’s criminal background, the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime.…

    • 602 Words
    • 3 Pages
    Good Essays
  • Good Essays

    According to the text, “Crime statistics provide an overview of criminal activity. If used properly, a statistical picture of crime can serve as a powerful tool for creating social policy. Decision makers at all levels, including legislators, other elected officials, and administrators throughout the criminal justice system, rely on crime data to analyze and evaluate existing programs, to fashion and design new crime-control initiatives, to develop funding requests, and to plan new laws and crime control legislation. Many “get tough” policies, such as the three-strikes movement that swept the country during the 1990s, have been based in large part on the measured ineffectiveness of existing programs to reduce the incidence of repeat offending.” (chapter 2 Criminal Justice Today: An Introductory Text for the 21st Century, Eleventh Edition, by Frank Schmalleger. Published by Prentice Hall.)…

    • 398 Words
    • 2 Pages
    Good Essays
  • Better Essays

    3 Strikes laws demand double the standard prison term for a second felony conviction, and mandatory sentences of 25 years to life for a 3rd conviction. For an example of this law in action, lets look at a few hypothetical criminals. Our first villain, lets call him Jerry, is an 18 year old caucasian male from Olympia. He is convicted of armed robbery after holding up a convenience store. After agreeing to a plea bargain, Jerry is sentenced to 2 years in state prison and 3 years probation. Most would agree this is a fair sentence. 6 years later, Jerry is charged with 2nd degree assault after breaking another mans jaw in a fight at a minor league baseball game in Tacoma. His friend Tom is also charged with 2nd degree assault after hitting an innocent bystander with a beer bottle during the same fight. Tom receives a 3 year sentence, followed by a years probation. After a jury trial, Jerry is sentenced to 8 years in prison for the same crime. Why, you may ask. The answer is simple. 3 strikes laws demand that because Jerry has a previous felony conviction, although more than half a decade previous and completely unrelated, he is subject to double the standard sentence for his “2nd Strike”.…

    • 1450 Words
    • 6 Pages
    Better Essays
  • Good Essays

    “Three strikes and you’re out”. This is the all too familiar term we are used to hearing in baseball and in the rules of the law in some states. Most heard of in California. Three strikes sentencing were adopted in 1994. It imposed longer prison sentences for repeat offenders. The law requires a person who is convicted of a felony and who previously has been convicted of one or more violent and/or serious felonies. The main feature of the Three Strikes law is the imposition of a life sentence for any felony conviction, no matter how minor, if the defendant has two prior "serious" felony convictions. "Serious" felonies are defined by the California Penal Code and range from murder and rape to non-confrontational residential burglary and purse-snatching.…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    He reiterates that criminals may get away with committing several crimes and not be convicted. This leads into his point that it’s certainly a large process to even get one conviction so those who are applicable under this law, it is safe to assume that they have committed far more crimes than just three (Messerli, 2012). This furthers the argument that those who are sentenced under the three strikes law are likely career criminals who are not willing to change their way of life for the justice system. With the current system of offenders going in and out the revolving door of the prisons, those offenders continue to get more opportunities to commit…

    • 1108 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The Three Strike Law is a law that was passed in 1994. The purpose of this law is to require the defendant extra time for their new felony because of a crime that was committed in the past. This law have been active for several years and it came with a lot of pros and cons. In this paper I will give my view on what I think the good and the bad is for this law.…

    • 394 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Three Strikes Law

    • 751 Words
    • 4 Pages

    Begun in the 1990s, the Three Strikes Laws are a category of statutes which were enacted in the United States by certain state governments. These laws were enacted to mandate longer periods of imprisonment for persons convicted of a felony on three or more separate offenses. The term is used similar the three strikes and you’re out rule in baseball. This could also be described, as such statutes are most often known, officially as mandatory sentencing laws.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…

    • 354 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Every situation in life is unique and has its own set of circumstances. Crime is no different, which is why it often difficult to effectively use policies like mandatory minimum sentences, because not every crime is the same. It is acceptable for their to be some disparity in sentencing for similar crimes, but there still needs to be some consistency. The initiation of mandatory minimum sentences was due in large part to the fact that judges had too much discretion and it led to many similar cases having wildly different sentences.1 There was sound reasoning for enacting mandatory minimum sentences, but they “are the product of good intentions, but good intentions do not always make good policy; good results are also necessary.”1 Mandatory…

    • 1908 Words
    • 8 Pages
    Good Essays
  • Powerful Essays

    Three strikes raises important questions about how sentencing laws need to achieve public safety. How are such laws made? Who do they target? And why did Michael Reynolds and Mark Klaas start out as allies and end up as bitter political rivals.…

    • 5293 Words
    • 22 Pages
    Powerful Essays