6-1 discussion

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Apr 3, 2024

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6-1 Discussion: Lockyer v. Andrade The Lockyer v. Andrade Supreme Case brought up the 8 th amendment of the Constitution regarding harsh punishment. The decision was disproportionate due to the fact the amount of time Andrade received did not fit the crime he did. 50 years for a couple of petty thefts and a burglary seems very cruel. Andrade stole $150 dollars’ worth of videos from 2 different stores (Lockyer v. Andrade, 2003 ). For Andrade to be sentenced to 50 years is cruel and unusual punishment. I would use Assess Risk and Needs, Increase Positive Reinforcement, Engage Ongoing Support in Natural Communities, and Provide Measurement Feedback as part of my evidence-based principles (Department of Probation, 2023). With respect to the 3 strikes law, the crime should be judged off a point system. With the Assess Risk and Needs, each person and crime should be judged off how severe each crime was. A robbery should be judged much higher then a theft of food that someone was just trying to feed his family with. Increasing positive reinforcement for the convicted person instead of using negativity shows a better outcome and rehabilitation (Slocum. S. K. and Vollmer. T.R., 2015). The convicted person should continue to get support from his peers as well as other support groups such as, Alcoholics Anonymous, Narcotics Anonymous, etc. This would give a sense of ownership and family needed for the convicted person to keep on a better path and possibly be a contributing member to society. It is also important for feedback to make sure these results are bringing the right response. I do agree with a 3-strike approach to criminal justice. However, I will caveat this by stating it should depend on what type of crime. There needs to be fear in a criminal’s mindset to deter possible future crimes. There needs to be strong repercussions for violent crimes. Society has a negative view of the 3-strike approach according to Cravens and Karch, (2015), “In 2012, California voters endorsed Proposition 36, which modified one of the most controversial aspects of the law by allowing life sentences to be imposed only after third “strike” convictions for serious or violent crimes. Two years later, California further altered its approach to sentencing by reclassifying several low-level drug offenses from felonies to misdemeanors.”

Reference Cravens, M., Karch, A.Justice and Domestic Affairs . (2015, February 21). States are less likely to reform "three strikes" laws if they use them regularly and have higher levels of prison privatization . USAPP. https://blogs.lse.ac.uk/usappblog/2015/02/19/states-with-lower- levels-of-prison-privatization-are-more-likely-to-reform-three-strikes-laws/ Evidence-based policies and practices . Evidence-Based Policies and Practices - Probation. (n.d.). https://www.nyc.gov/site/probation/about/evidence-based-policies-and-practices.page Lockyer v. Andrade, 538 U.S. 63 (2003) . Justia Law. (2003, March 5). https://supreme.justia.com/cases/federal/us/538/63/

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