Arguments Against Three Strikes

Travis Williams 2/14/17 Policy Description Dr. Dillard The Three strikes policy is a criminal policy that increases sentences times for repeat offenders, usually after three serious crimes are committed. In the early 1990s, states began issuing mandatory sentencing laws for repeat criminal offenders. This policy came to be known as "three strikes laws," the name was given because it was applied when offenders committed their third offense. By 2003 more than half the states including the federal government had enforced the three strikes laws.

According to the Legislative Analyst’s Office information guide, “ The Three Strikes and You're Out Law,” the purpose the Three Strikes Law is to enhance the sentences of really dangerous criminals like rapists, murderers, and many other crimes. This law has led to fewer guilty pleas, increase in jury trials, and to a “reduction in crimes committed by repeat offenders incarcerated for longer periods during its provisions, thus resulting in savings to local and state governments,” (The Three Strikes and You're Out Law). Susan Fisher states that proposition “ 57 effectively overturns key provisions of Mercy’s Law, 3 Strikes and You're Out, Victims Bill of Rights, Californians Against Sexual Exploitation Act - measures enacted by voters that has protected victims and made communities safer, ” (Proposition 57 Voter Information Guide). The purpose of the Three Strikes Law is also to prevent recidivism. Many people, however, have questioned the effectiveness of this law, especially since this law has increased the populations in some prisons, especially those in California, as stated in the article, “Three Strikes Sentencing Law.” However, the Legislative Analyst’s Office guide states that “ the number of inmates sent to prison under the Three Strikes law will be less than it originally projected,” (The Three Strikes and You're Out Law). Although it is criticized for keeping more criminals

The “three strikes and you’re out” law is in effect in different states around the country. In basic terms, the law requires that any offender that is convicted of three violent crimes must receive a sentence of 25 years to life in prison. The law is aimed at reducing crime by focusing on the small percentage of criminals that commit the majority of violent crimes and felonies. Many systems have been lenient with repeat offenders, allowing

In March 1994, California voted to pass the Three Strikes Law with the majority of the vote, a bill that had been struck down multiple times by the state legislature (Naomi Harlin Goodno). This law would allow criminals with two prior felonies on their records to receive life in prison. These laws were proposed to keep serious repeat offenders off the streets, this was a result of the rising crime rate of the nineties. The law was presented to the electorate as a way to keep rapists, child molesters and killers of the streets, the most incorrigible of inmates; however, it has been proven that such laws unproportionally target minorities and persons with mental illnesses. African Americans are incarcerated at a rate thirteen times higher than

2. Yes, there has been one article I found that is current event about my topic since the HCP. One of the sources that might be help for me to identify the potential policy solution is “Governor Martinez: New Mexico needs tougher ‘three strikes’ law” article, and “How do we fix our Prisons” by Merilee article. These two articles are going to be helpful for me to find two policy proposal solutions. In the article “New Mexico needs tougher ‘three strikes’ law,” Susana

This reduction eventually helped to deter criminals with the threat of increased incarceration. It has also been proven that three-strikes laws reduce felony arrest rates. People in favor of three-strikes laws believe that it is an example of effective crime control, a preventive measure for career felons, adds additional peace of mind for citizens, and provides harsher punishments for habitual offenders. On the other hand, those who are against the use of three strikes laws suppose that it adds an additional cost to courts and prisons, causes an over-population in prison cells, is an example of an unfair law, and is a result of the decline in the number of law enforcement officer

One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. This law, which is already in twenty-seven states, requires that offenders convicted of three violent crimes be sentenced to life in prison without chance of parole. The law is based on the idea that the majority of felonies are committed by about 6% of hard core criminals and that crime can be eliminated by getting these criminals off the streets. Unfortunately, the law fails to take into account its own flaws and how it is implemented.

The Law has caused a huge controversial debate and there are people that personally disagree with the law. As in any controversial debate you would have the affirmative and the negative side. Let’s explore some of the positive facts that the Three Strikes Law that support the affirmative side. To start of with one popular note is that it keeps the career criminals, individuals who commit crime as a part of their lives, off the streets. Of course we want to keep the sex offenders, murderers, and rapist, off the street so we can worry that much less for the safety of ourselves and others. Another positive is that it is a deterrent. It is a very effective deterrent after the second conviction (Mersseli). If an offender is released from the second conviction, this law will deter them from any crime, whether it is minor or not. The thought of being sent to prison for 25 years to life is a pretty effective deterrent and will have that offender thinking more than twice before he or she will commit another crime.

Since the policy was enacted in the early 1990s, three strikes laws have been one of the most controversial issues facing the American criminal justice system. In general, advocates believe that locking up criminals will protect society. Critics believe that three-strike policy can only be effective with offenders that are on their last strikes (Worrall, 2008). However, other critics explain how three-strike laws don’t significantly reduce crime because most criminals mature out of the criminal lifestyle (Worrall, 2004).

In 1996, males under the age of twenty-five accounted for forty-five percent of the individuals arrested for index crimes (Schafer, 1999). This raises questions for skeptics of three strikes laws. Why incarcerate offenders for life when their criminal tendencies statistically drop after a certain age? These opponents assert that three strikes laws subject offenders to over-incarceration.

On an everyday basis, how is the three strikes law affecting people in New Mexico? The three strikes law is one of the most modernized laws in the criminal justice system of the United States, where it has been created in the efforts to reduce and prevent crimes in the states especially for required sentencing laws for repeat criminal offenders. In 2003, more than half of the United States had adopted the three strikes law; in addition, the law is raised when criminals have committed their third felonies. Therefore, these laws execute a harsher penalty of a minimum of 25 years of a life sentence for criminals who have committed a crime for the third time even though their crimes that are not evil. There were many arguments raised when many of the criminals were sent to prison for 25 years for a very small crime such as petty theft. Many of the people in the United States argued that a 25 year prison is very similar to the punishment for committing murder. In 2013, according to The Washington Times Newspaper by associated press, Santa Fe, N.M. (AP) house majority leader Nate Gentry argues that “New Mexico is the second most dangerous state in the nation as far as violent crime goes” (press). This is the result based on the 24/7 Wall Street data; therefore, Gentry also said that it is one of the most dangerous place to be a child because many children are getting affected by the crimes they are seeing from their perspective. For the last few years, three strikes law has

Between 1993 and 1995, 24 states and the federal government adopted some form of the three strikes law, which reduced judicial discretion practices and mandated severe incarceration periods to those who were convicted of three or more felonies (Peak, 2012). The rational of the three-strikes you are out law was an attempt to protect society and deter crime by targeting repeat offenders such as murders, rapists, and child molesters by locking them up for long periods of time. The law was built around a political push in the early nineties adopted around public perception that the prison system was lenient on criminals and society needed to get tough on crime. While the three-strike law was intended

According to President Bill Clinton, “We have a chance to pass the toughest, the smartest crime bill in the history of the United States,” and this was the California residents ' belief 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 habitual offenders upon receiving their third conviction of any felony. Initially, if an individual receives a serious or violent felony conviction, this is a first strike; subsequently, the second serious or violent felony charge is a second strike and the individual will serve double the time originally assessed for the first felony. Finally, upon the third felony conviction an individual receives a minimum sentence of twenty five to life in prison. Even though twenty-three states, including the federal government, several politicians such as, Senator Bob Dole, and President Bill Clinton supported the passage of the Three Strikes Law. Undoubtedly, the Three Strikes bandwagon happened during a time in society when fear of crime was at its peak; as a result, law enforcement and other government officials went to the extreme in promising citizens to end habitual crime. Therefore, if the Three Strikes Law is to be a fair and impartial punishment for all criminals’ committing serious and violent crimes; then the crime committed must fit the consequences. Thus, is it fair to condemn a man who has two previous serious felonies for stealing a one dollar item on his third offense,

Violent offenses included those of murder, attempted murder, rape, child molestation, and armed robbery. This law was also known as “Three Strikes You’re out” in reference to Baseball. The law implemented mandatory life imprisonment under two circumstances. The individual has too have been convicted in federal court for a violent felony. Second, the individual has to have two or more previous convictions both in federal or state courts. The third felony charge resulted in a 25 to life imprisonment without parole. California was the second state to pass the three-strike law in hope to decrease the crime rate. However California is the only state that punishes minor crimes with a life sentence. The Three Strikes Law has decreased violent crimes in California but has decreased at a similar rate than other states who do not have this law. Today California has sentenced more than 40,000 offenders under the Three Strikes Law (Three Strikes Laws Five Years Later 1). The California Department of Corrections reported that 65%, ⅔ of those sentenced under California’s Three Strikes laws were imprisoned for nonviolent offenses (Three Strikes and You’re Out 1). Out of the 400,000 offenders sentenced under the three strike law African Americans make up 43% of it. Studies also prove that blacks make up 7% of our states population but they account for 20% of felony arrests, and 31% of the prison population(Three Strikes Law Five Years Later

Repeat offenders have become a dilemma for the criminal justice system because the repeat offenders are unresponsive to incarceration. Supporters of Proposition 184, known as Three Strike Initiative, insisted lengthy sentences for repeat offenders would reduce crime (Legislative Analyst's Office, 2005). New sentencing policies Three Strike laws will have a major impact on society and the criminal justice system in the future. The state of Washington was the first state to adopt the new three strikes policy in 1993 in response to the high recidivism rates and the murder of Polly Klaus by a repeat and violent criminal offender. California followed suit and is to have the harshest three-strike laws, which classifies felonies violent and serious. Soon after California adopted the three strikes law about two dozen other states joined. The law mandates if a person has two or more previous serious or violent felony convictions, sentence of 25 years to life would be a mandatory (Law Info, 2012).