Preview

Three Strikes Law

Better Essays
Open Document
Open Document
1342 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Three Strikes Law
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 collected sound bites as Republican Governor Pete Wilson signed into law this popular, yet controversial, sentencing measure.” (Reynolds, 2012)
The Three Strikes law is sentencing laws that mandate a prison sentence of 25 years to life for violent offenders who have been convicted of three or more offenses and is also a law that is codified in 26 states throughout the country and the federal government. It is the imposition of a life sentence for any felony conviction, no matter how minor the felony may be, if the defendant has two prior serious felony convictions. A third strike offense can be a simple drug possession or petty theft. The Three Strikes law also has a second strike provision, which doubles the sentence for any felony conviction if the defendant has one prior serious felony conviction. California’s Three Strikes Law is thought to be the most popular and have the most severe three strikes law in the nation.
Three Strikes Law 3



References: Peschong, J. A. (2012, April 9). Pro & Con: Three strikes law has been effective - why change? Retrieved September 24, 2013 from, The Tribune Reynolds, M. (2012, February 13). Three strikes and you 're out: Stop repeat offenders     Retrieved September 21, 2013 from, Stanford Law School Website: www.law.stanford.edu/organizations/programs Taibbi, M. (2013, March 27). Cruel and unusual punishment: The shame of three strikes laws

You May Also Find These Documents Helpful

  • Powerful Essays

    On the other hand, if the same three strike law was changed in a different place like Idaho, where the public is predominantly members of the Mormon church (which happens to be my faith and where I moved when I left California) and are taught to forgive on a grand scale, the new proposal might be embraced a little easier, especially when it was explained that hardened criminals were not candidates, only persons that had been convicted of non violent crimes. It really does matter where we are taking about.…

    • 3733 Words
    • 15 Pages
    Powerful Essays
  • 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
  • Satisfactory Essays

    California has three sentences for murder on is 25 years to life, life without parole, and most of all the death sentence.…

    • 390 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    California 's three strikes law allows the idea that any felonies can constitute the third strike, and can subject a defendant to a term of 25 years to life in prison. The prosecutor charged the two counts of Andrade 's theft as felonies. Andrade argued that he should only receive one term of 25 years to life in prison because the courts can dismiss strikes on a count-by-count basis (Katsh, William Rose 219).…

    • 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
  • 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
  • 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

    It would be safe to assume that most individuals agree that those who commit crimes must deal with the consequences of their law breaking actions. Despite efforts to reduce crime by the traditional form of punishment through incarceration, some criminals continue to live felonious lives. This not only poses a problem on their behave but also that of the communities in which they live and are offending. The state of California was determined to conjure a method of reducing the recidivism of violent felons. Consequently, California legislatures agreed to install a plan of action, which evolved, to their “three strikes” sentencing law. This creation of the “three strikes” fundamentally means that those who are found guilty of serious felonies for a third time are at risk of being locked up for 25 years to life. Life is all about consequences and those who choose to disobey the law must own up to and face their punishments. Criminals who are repeatedly in and out of the justice system need to be taken seriously, and punished as such.…

    • 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
  • Satisfactory Essays

    Three Strikes Law

    • 252 Words
    • 2 Pages

    The purpose of the “three strike” law against offenders was originally to help reduce the number of criminals who were running around free but what it had come down to was costing tax payers more than what they had bargained for. More than 57% of offenders in California who are placed in prison for the “three strike” law were typically arrested for nonviolent offenses such as drug violations and burglary. More serious offenders who had committed more serious violent crimes were getting of scotch free if it had been their 1st or 2nd offense. 1 in 4 prisoners or 42,000 inmates are serving time in California prisons were serving life terms of 25 years to life after being placed in the prison system against the “three strikes” law. Inmates serving time increased the cost to house them in the prison systems under this law by $8.1 billion with $4.7 billion of that amount being used to house nonviolent offenders. Offenders who were placed in the prison system by the “three strike” law committing nonviolent offenses such as drug related crimes and burglary outnumbered the total number of offenders placed who had committed more serious offenses such as rape, assault or murder. Voters are the only people who are able to repeal this law but what would be left for the inmates who are already placed in prison systems against the “three strike”…

    • 252 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Three Strikes Rule

    • 2006 Words
    • 9 Pages

    On June 29, 1992, in Fresno, California, Kimber Reynolds was approached on the street by two men on a motorcycle. One of the men tried to steal her purse, and when she resisted, the other pulled a .357 Magnum out of his waistband and shot her in the side of the head. She died 26 hours later. After a couple days of searching, they found the location of the gunman, Joe Davis. Davis was a 25-year-old confirmed methamphetamine user repeatedly convicted and jailed for offenses including armed robbery, auto theft, and illegal drug usage. Davis had only been released from prison a mere 3 months before Kimber’s shooting. As police surrounded Davis’ apartment, Davis stepped out and started firing at the police, eventually being shot to death by police officers. The accomplice was found not long after. His name is Douglas Walker, a 26-year-old repeat offender as well. He plead guilty in court. Walker received the maximum sentence possible, a 9-year stint. With good behavior, though, he’d be back on the Fresno streets in only half of that time. Reynolds knew the law needed to change to protect the non-criminals in America, and so he, personally, confronted the California state legislature. His proposal was that a second-time offender faced a sentence double that of what a single-time offender would face, and a third-time offender received twenty-five years to life. It was met coldly and almost immediately quashed. Nothing new about the law arose until October 1, 1993, when a 12-year-old girl, Polly Klaas, was kidnapped from her own slumber party by 39-year-old Richard Davis, a criminal with a lengthy history of violent crime. Davis had encountered police coincidentally about two months later, and it is believed that soon after, he murdered Polly by strangulation and buried…

    • 2006 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Three Strikes Law

    • 751 Words
    • 4 Pages

    While the practice of imposing longer prison sentences on repeat offenders than on first-time offenders who commit the same crime is nothing new in American states (since the 19th Century, New York State has had a Persistent Felony Offender law that continues to this date), these sentences were not always held mandatory in every case, and judges exercised much more discretion in what the length of the sentence would be. In 1993, Washington State passed the first true "three strikes" law, which contained virtually no exceptions to this law. One year later, California adopted this law (approved by referendum in that state) and the “three strikes” idea spread swiftly to the other states. By 2004, 26 states of the 50 U.S. states as well as the federal government had laws which resembled or otherwise satisfied the basic requirements to be called a "three strikes" law - primarily, a person convicted of a third felony conviction will be sentenced to life in prison, with no possibility of parole until a long period of time, most commonly 25 years, has been served.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Three Strikes Law

    • 1327 Words
    • 6 Pages

    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 three strikes law (Crane 1). As crime and violence increased in the United States, citizens began to feel powerless. Terrorized in their own neighborhoods by criminals, who go in and out of the legal system, people began to believe there was no justice for them. Ironically, many people feared so much the gangs, drug dealers, pushers, and hustlers of the streets. An enormous outcry came about, requesting the government to fix the increasing crime rate. The answer to this dilemma came in the form of the three strikes law. According to Jabali-Nash, proposition 184, also known as the three strikes law, was passed on November 9, 1994. The proposal had portion of the population supporting it at the ballot boxes. With a 75…

    • 1327 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Cja/234 Sentencing Paper

    • 1495 Words
    • 6 Pages

    Earlier responses to crime were to be brutal, which included torture, humiliation, mutilation, and branding. These kinds of punishments often attempted to relate the punishment to the crime, as close as possible. The first response to crime incorporated linking criminal acts to sin and developing strict punishments. Throughout the years, this thought process has changed into a more humane system. The reason for corrections to is to protect the society but also to provide rehabilitation to these individuals. Punishments for criminals now include main objectives that widely differ from the first believed aspects of punishments. Punishments now embrace objectives pertaining to deterrence, incarceration, rehabilitation, retribution and restitution.…

    • 1495 Words
    • 6 Pages
    Good Essays