Preview

Three Strikes Law

Powerful Essays
Open Document
Open Document
1686 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Three Strikes Law
According to President Bill Clinton, “We have a chance to pass the toughest, smartest crime bill in the history of the United States,” and this was the belief that most California residents felt at the time the “Three Strikes and you’re out Law,” took effect in 1994. The purpose of the Three Strikes Law is to punish repeat violent crime offenders upon receiving their third conviction of any felony. Initially, if a person receives a serious or violent felony conviction, this is considered a first strike, subsequently, then the second serious or violent felony criminal charge that is received would be a second strike and the individual will serve double the time originally assessed for the initial felony, finally upon the third felony conviction …show more content…
At that time penalties in California were considered too low, the government appeared to be faltering in granting parole to the less violent/petty criminals, basically, handling all crime in the same fashion. Indeed, a high percentage of repeat offender cases were reduced to lesser charges on a consistent basis within the court system in California at this time. Also, victims of crime’s confidence in the effectiveness of the law in removing violent criminals from their communities were increased during the first five years of implementing the law, because of an increased rate of criminal convictions made, which were based on 2nd strikes totaling 36,043, and 3rd strike convictions totaling 4,468. Furthermore, as Gladwell demonstrates in chapter 8 of David and Goliath, “between 1994 through 1998, the homicide rate in California dropped by 41.4 percent, rape dropped by 10.9 percent, robbery dropped by 38.7 percent, assault dropped by 22.1 percent, burglary dropped by 29.9 percent, and auto theft dropped by 36.6 percent” (760). In fact, the initial reduction of crime resonated the idea in society’s mind that harsher sentences equal civil obedience, specifically in cases of …show more content…
American’s felt a great sense of relief, believing that each person sentenced under three strikes was another reason they were safe. Just as, they believed, now, habitual offenders were not able to reduce or have the charges dismissed and being sentenced fairly. Also, society was confident that now repeat offenders would be punished based on the seriousness of their crimes. After all, the government did release several reports, including statistics verifying that the law was doing its job in reducing crime in every category. However, overall there can be no accountability or guarantee of equality or fairness in this law as it is up to individual use and interpretation by prosecutors depending on circumstances and judges must comply accordingly. Regardless of whether a person steals a slice of pizza on their third felony conviction or commits murder the same sentence being applied defeats the very principle of legitimacy and the u curve. If we are to punish a certain group of individuals’, it must be fair and consistent in its use and application within ethnic groups, age groups, and in general the atmosphere must be coherent with rehabilitation efforts. How can we expect young criminals who have

You May Also Find These Documents Helpful

  • 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

    “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

    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
  • Powerful Essays

    B. 'The California Legislature is to be commended for its stance on crime. Not for their 'get tough ' policies such as the 'Three Strikes ' law but for their enactment of a little known section of the Penal Code entitled the 'Community Based Punishment Act of 1994. ' (Senator Quentin Kopp, Time Magazine Feb 14, 1996)…

    • 2706 Words
    • 11 Pages
    Powerful Essays
  • Better Essays

    Three Strikes Law Thesis

    • 1130 Words
    • 5 Pages

    The American public is alarmed about crime, and with good reason. Our crime rate is unacceptably high, and many Americans feel like prisoners in their own homes, afraid to venture out for fear of becoming another statistic. Nation-wide attention was focused on so-called three-strike laws in 1994 when California voters approved an initiative mandating prison terms of 25-years-to-life for defendants convicted of a third felony. The California law also doubles minimum terms for second time offenders. The prison population has grown so much that most are already filled beyond capacity and many more prisons need…

    • 1130 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Three strikes laws have been the subject of extensive debate over whether they are effective. Defendants sentenced to long prison terms under these laws have also sought to challenge these laws as unconstitutional. For instance, one defendant was found guilty of stealing $150 worth of video tapes from two California department stores. The defendant had prior convictions, and pursuant to California's three-strike laws, the judge sentenced the defendant to 50 years in prison for the theft of the video tapes. The defendant challenged his conviction before the U.S. Supreme Court in Lockyer v. Andrade (2003), but the Court upheld the constitutionality of the law.…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Three Strikes Your Out

    • 591 Words
    • 3 Pages

    The state of California in 1994 passed the “Three Strikes and Your Out” law. This law sentences a third offence felony offender to a mandatory 25-years to life sentence. Although crime rate have dropped in California there are those opponents to the law who feel in certain cases that the sentencing is too harsh.…

    • 591 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The punitive model has beneficial aspects such as the severity of crime and having a strict layout of punishment, but there are a few ethical issues within this model. This model has increased incarceration rates, which has creating a safer society, nonetheless, in return it is causing issues with overcrowding and lack of funding’s. This part of the new model would incorporate the strict punishments ideas, but to an extent. This type of punishment would be directed towards individuals who were guilty of serious crimes such as domestic violence, rape, other forms of sexual offenses, murder (all degrees), attempted murder, and kidnapping. These types of crimes are much more severe and require punitive punishment due to the fact that these individuals have a slim chance of being released into society and the rehabilitation program will not benefit society.…

    • 958 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Most recently, President Obama signed into law the federal Fair Sentencing Act that significantly reduced the amount of times served for some drug offenses. Today, many jurisdictions have mandatory minimum and three strikes sentencing models (Schmalleger & Smykla, n.d.). With all these different types of sentencing models, our prisons across the country remain overcrowded and the recidivism rates are far too high. Something will have to change, but until there is a political will to make those changes, our employees at correctional facilities and the inmates will suffer the…

    • 374 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
  • Good Essays

    For example, as discussed by Alexander and Gyamerah, the mandatory minimum sentence for crack cocaine is much more severe than that for powder cocaine. This poses a greater threat to Blacks than to Whites. Likewise, the 3 Strikes Law, which significantly increases the severity of the punishment at the 3rd offense, is more threatening to people of lower class because such individuals are more likely to be caught for their actions due to higher police surveillance. One of main challenges that parolees face in their attempts to stay out of prison is recidivism – getting arrested again and sent back to prison. This challenge arises from a number of other challenges including the difficulty of finding housing, findings jobs and the strict conditions of parole.…

    • 540 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The 3 Strikes Crime Law is one of the nation’s harshest sentencing laws. Are you aware that even non-violent criminals are sentenced to life in prison under the 3 Strikes Crime Law? More than 4,000 non-violent criminals are currently serving life in sentence in prison in California alone. (Vega & Galloway, 2012). If you take these outrageous numbers and add them to the rest of the nations non-violent criminal statistics the numbers are shocking. The 3 Strikes Crime Law is a violation of the 8th Amendment, as the maximum penalty for non-violent offenders is severe, unjust, and preposterous.…

    • 948 Words
    • 4 Pages
    Good Essays
  • Good Essays

    With the current system, the victim is offended yet again with the belittling or downgrading of the offense to assure a conviction by the prosecution. While we would all like to see justice, the trading of deals for convictions should be better managed as not to make a mockery of the justice system we hold dear. Likewise, implementation of specific criteria for consideration of a plea bargain should put in place as not to allow a habitual offender the opportunity to plea just to save on the preparation time of a trial. Finally, as seen in the prison and jail populations, the number of offenders with multiple offences, having previously taken a plea is an indications that the use of the plea bargain is a detriment to the justice system as the habitual offender is not deterred from criminal activity because of the greater than average chance that the charges will be reduced in a plea. As such, the proposal of a review of criminal histories and again meeting specific criteria for considerations of a plea may be an option to…

    • 444 Words
    • 2 Pages
    Good Essays
  • Good Essays

    In a contemporary society where crime takes place we expect the state authority to dispense justice in the form of punishment to maintain social solidarity. There are many forms of punishment that can be given to an offender, each with their own functions for the offender and society itself.…

    • 1349 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Legal Sentencing Procedure

    • 1485 Words
    • 6 Pages

    One of the most important stages in achieving justice for the offender, victim and society is known as sentencing and punishment. It is always difficult to find the balance between the offender, victim and society so that equality and natural justice can be achieved. Three areas where this can be seen are in the purpose of punishment, factors affecting a sentencing decision and types of penalties. Protection of society and the rights of the individual will be clearly seen and discussed in the essay…

    • 1485 Words
    • 6 Pages
    Better Essays