Three Strike Law

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• Three Strikes Law Essay

  ...Three Strikes Law 1 Running head: THREE STRIKES LAW The Three Strikes Law September 24, 2013 CJ526: Unit 2 Three Strikes Law 2 Three Strikes Law The Three Strikes Law has been a subject of much debate since its introduction as a regulation in 1993. The Three Strikes law was enacted in 1994 and is widely recognized as the harshest sentencing law in the United States. “The State of Texas was the first State to enact such a law in 1974.” (Laws.com) California passed its own law enacting a Three Strikes Law that mandates a sentence of 25 years to life for a third felony conviction. The reality of the Three Strikes Law will lead to a significant increase in the nation's already swollen prison population and will cost taxpayers enormous amounts of money. This law is one of the most popular controversial laws because it imposes a mandatory life sentence without parole on offenders convicted of three or more crimes. “Reporters took notes and media crews...

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• Three Strikes Essay

  ...The cost of “Three Strikes” By J. Carter In the late 80’s the state of California was in it worst economic slump since the great depression of the 1920’s. People who wanted to work couldn’t find jobs. Some people turned to crime to feed themselves and survive. Meanwhile, crack cocaine was having a devastating effect on low-income communities. Public safety was a major issue for California. History shows us that in bad economic times crime will be more prevalent. Crime waves follow the economy and demographics. Its simple, the more young and unemployed people there are in the state, the higher crime rates will be. Proposition 184 was put on the ballot under the title “Three Strike and Your Out”. It was drafted to keep repeat offender in prison. The inititive passed by a wide margin votes. Oven time the Three Strikes law has proven to be a heavy burden to the state’s budget. The law has been costly to taxpayers as the inmate population increased substantially. As California faces tough economic times major reform is needed and a different approach is needed to combat crime. Handing out lengthy sentences and locking more people up isn’t the answer. Changing the sentencing guidelines of the three strikes law wont fix the states problems, but would free up some much needed money. In 1991 the “tough on crime” Governor...

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• Essay on Three Strike Law

  ...THREE STRIKE LAW CJ322 Criminal Justice in the 21st Century January 30, 2011 Criminal Justice The consequences of the three strike law are causing a strain on the criminal Justice system and the correction subsystem. Boot camps may be one of the solutions to the increasingly over crowded prisons. The challenges are increasing everyday for Correctional Officers, especially female officers who are already at a disadvantage. The three strike law became very popular in the 1990s. These statutes are enacted by state government and require the state court to hand down a mandatory and extended sentence to a repeat offender that has committed two or more previous offences. Between 1993 and 1995, 26 states and the federal government passed three strikes laws. The lawmakers were forced to take a second look at the punishment of repeat offenders after the kidnapping and murder of 12-year-old Polly Klaas by a paroled repeat offender. The consequences that the three strikes laws have for the criminal justice system is that not all crime warrant a life sentence. Under this law, the judges and jurors hand are tied. They have no control over sentencing if the offender is found guilty. A life sentence for a charge of theft may be...

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• The Effectiveness of a Three Strikes Law Essay

  ...The Effectiveness of a Three Strikes Law Introduction Opponents and proponents of Three Strikes Laws argue vehemently for its effectiveness in deterring crime, and, conversely, for its ineffectiveness and economic imprudence. This study proposes to sift through the relevant constitutional amendments and examine the sentence structure of the law vis-à-vis fairness and justice. In short, does a Three Strikes Law sentencing structure achieve its goals without exceeding its authority? Goals of Sentencing The goals of sentencing, like the goals of the penal system itself, have shifted since the nascent days of our current system of justice. Today, most legal analysts recognize five goals of sentencing. Deterrence is a theory based on fear of consequences (MOJ 3.2, 1998). General deterrence is the belief that a harsh penalty for a particular crime will dissuade others in society from committing that crime. Specific deterrence is the belief that imposing a harsh sentence upon a particular individual will discourage him/her from every offending again. Incapacitation is the theory that a person cannot commit a crime if he/she is incarcerated. Selective incapacitation is recommends harsh sentencing for recidivist offenders and those who have committed particularly heinous crimes. Collective incapacitation recommends a lengthy...

  1752  Words | 5  Pages

• Three Stirkes and Your Out Essay

  ...is not "grossly disproportional" nor "contrary to, or unreasonable application of, clearly established federal law" (Katsh, William Rose 216). This was decided after a case of a young man receiving two 25 years to life in prison sentences for a multiple theft offense. Leandro Andrade stole videotapes from two different K-Mart stores in California. These were not his first and only offenses. Andrade was interviewed by a state probation officer and reported that every time he gets out of jail he always seems to do something stupid (Katsh, William Rose 219). "The defendant admitted committing the offense. The defendant further stated he went into the K-Mart Store to steal videos. He took four of them to sell so he could buy heroin. He has been a heroin addict since 1977. He says when he gets out of jail or prison he always does something stupid. He admits his addiction controls his life and he steals for his habit." A 1990 misdemeanor conviction led to the three strikes sentencing in which Andrade received. Andrade was charged with two counts of petty theft with a prior conviction. California law allows petty theft with a prior conviction to be considered a misdemeanor or a felony, decided at the discretion of the prosecutor (Katsh, William Rose 219). California's three strikes law allows the idea that any felonies can constitute the third...

  946  Words | 3  Pages

• Habitual Offenders and the Law Essay

  ...system has proclaimed zero tolerance for these types of criminals; therefore, enhancement statutes were placed in effect. “Examples of such statutes would be the Habitual Felons Act, RICO, the Career Criminal Act, mandatory minimum sentences for trafficking in narcotics, perpetuating crimes in a violent manner, three-strikes laws, hate-crime laws, and 10-20-Life for using a gun during the commission of a crime.” (Terrrito, pg 16, Chapter 10).The reasoning behind the three-strike laws is rational when attempting to decrease criminal activity by persistent offenders, but when any one of the three offenses is a misdemeanor, the punishment should fit the crime. There has been much debate in regards to the question of whether the habitual offender law is targeting the right people. Because of “the war on drugs” slogan, new laws have gone into effect to attempt to deter the possession and manufacturing of any type of drug. Many people complain that the laws need to become stricter because the consequences of violating the rulings do not seem to lessen the amount of drugs on the street. There are thousands of prisoners arrested yearly and many are subjected to the three-strike law, while murders, rapists, and child molesters are set free after serving a light sentence or receiving only...

  1035  Words | 3  Pages

• Three Strikes Law Essay

  ...According to The American Heritage Dictionary, law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision or the controlling influence of such as rules that the condition of society brought about by their observance (481). However, there is a very unique law that borrowing its name from baseball. Which is the three strikes law, it imposed mandatory minimum sentences for individuals who have been convicted of three felony crimes that were committed on three separate occasions. According to Bazelon, the ideology behind the three strikes law is that individuals who commit more than two felonies are chronically criminal and therefore pose a threat to society. Three strikes law advocates, as a fair punishment and a benefit to society, thus view incarcerating these individuals for lengthy prison terms or the rest of their lives (2). In 1974, Texas was first state that enacted three strikes law. Following year, Washington enacted and California, Colorado, Connecticut, Indiana, Kansas, Nevada, North Dakota enacted in 1994. Furthermore, in 1995 and 1996, fifteen states are also enacted the...

  1327  Words | 4  Pages

• Three Strikes Law Essay

  ...THE “THREE STRIKES” SENTENCING: WHY SHOULD IT BE ABOLISHED? (FINAL DRAFT) Tanisha Tate CRMJ400: Criminology Professor Conis Course Paper: Final February 13, 2011 Tanisha Tate CRMJ400: Criminology Professor Conis Course Paper February 13, 2011 The “Three Strike” Sentencing The criminal justice issue that has been chosen as the topic on this course project is the “three strike” sentencing and how it should be abolished. The three strike sentencing was established in 1994 under the Violent Crime Control and Law Enforcement Act. (Harris, 1995). In this act, the statute of three strike sentencing provides a mandatory life imprisonment sentence for convicted felons that have been convicted in a federal court for a serious and/or violent felony and they commit two or more previous crimes that they are convicted of in federal and/or state court system in which at least one of the crimes is a serious and/or violent crime. These crimes can be but are not limited to murder, sex offenses, robbery, and kidnapping. The issue at hand is the question whether this act is really as effective as it is made out to be. Convicted felons are given two more chances to straighten up their acts and get their lives together to be able to live and reside in society. I believe that people who are convicted of a serious crime...

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