Mandatory Sentencing Laws For Repeat Offenders

In conclusion, the three strikes law will surely always be a policy that will be scrutinized by those affected by it. In the state of Texas, perhaps the policy should be looked at and amended as it has been in place since the 1950’s. Society has changed drastically since the advent of the law in Texas; many will argue that it has changed for the worse and the policy in needed more now than when it was implemented. It is this writers opinion that the policy serves a greater purpose, but could also be amended and made better by the great men and women we have in place in our criminal justice system. This great state must always strive to become even greater, and part of that comes from looking at policies that have been in place for decades

California which has arguably been a major proponent for the wide spread use of three strikes sentencing, has recently begun to reconsiders its use. As the law is written in California any person convicted of a third felony offense will receive twenty five years to life in prison, even if the third felony is for a non-serious non-violent crime. In 2012 69 percent of Californians voted to reform the three strikes policy, now only those who are convicted of a third felony offense for serious or violent crime will be subject to the twenty five to life prison sentence. This new law also allows those that are currently in prison due to a previous third strike conviction that was of a non-serious or violent nature to petition the court for resentencing, which could mean that they are released from prison since most of these inmates have already served nineteen years of their prison sentence (2 Laird 1)

United States throughout history has tried many different ways to deter criminals from committing crime. One of the more famous polices enforced was the Three Strikes sentencing laws, and other “get tough” approaches. In 1994, the Three Strikes sentencing law was first established (Couzens, J. Richards and Tricia A. Bigelow). The law stated that any defendant convicted of any new felony, having been convicted before of a serious felony to be sentenced to state prison for twice the term otherwise given for the crime. If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life (Couzens, J. Richards and Tricia A. Bigelow). In California and Washington, the three strike law was adopted and in both states showed contradictive results. It has become a very controversial form of deterrence and is widely debated if the three strikes sentencing laws actually deter criminals from committing crimes.

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

There are many criminal justice policies that have been implemented over the years. There have also been policies put in place that is designed to enhance or clarify existing policies. Policies that are written and implemented cover a variety of different area in the criminal justice domain. Policies also are in place to provide protection to victims, the accused, and the officers involved in cases. There are many times when a criminal justice policy is made as a knee-jerk type reaction to either public scrutiny or even political gain. In this paper, the Texas three-strike law will be looked upon determining whether this policy still holds up in the world in which we currently

Kenney, Karren. "California Three Strikes Law – Still Unfair for Some!" Orange County Criminal Defense Lawyer Blog. Web. Aug 31, 2014.

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,

Throughout the years, there has been much controversy weather The Three Strike Law is cruel and unjust. Was the intent to get violent repeat officers incarcerated for a long period, or to get all offenders with three strikes off the streets? Within hours, after the law went into effect California had its first offender, arrested while attempting to a steal a car radio and two nonviolent burglaries on his record, a homeless schizophrenic, Lester Wallace, sentenced to twenty-five years. He has been sexually and physically attacked, suffered seizures, developed back problems, and end- stage renal disease. Although within months California reformed the law, the state wont released this dying man. Curtis Wilkerson strolled into a department store,

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

Washington state passed the three strikes law policy first in 1993. Any individual convicted of three separate violent felonies was to be sentenced to life in prison with no opportunity for Parole. In 1994, The state of California followed by enforcing a three strikes law that required a minimum sentence of 25 years to life for a third felony conviction. Washington and California differed in the interpretation of felonies the California law considered nonviolent felonies, such as theft and burglary as a "strike" offenses. By 2001 California had over 50,000 criminals sentenced under the new “ Three Strokes Policy” more than any other state in the United States.

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

The three strikes law implemented in the 1990s as deterrence for a crime. Even though the three strikes law created to remove those considered a threat to society, many agree that this law needs revamping. Studies show that the three strikes law has not detoured crime drastically, but has been successful in removing repeat offenders from endangering the public again. This law included crimes that were nonviolent or petty crimes counted as a third strike in California. The state of California has been one of the cities with the biggest incarceration rate since the three strikes law enacted.

California became the second state in the country to pass a “Three strikes law” with Washington being the first state. Washington’s Initiative 593 “Three Strikes and You’re Out law” states, “Anyone convicted of a third serious felony shall be sentenced to life in prison without the possibility of parole. No furloughs. No parole. No more excuses. The only way out of prison

Their removal has resulted in the members of society’s sense of safety in their neighborhoods and over their properties as they complete daily tasks. Three strikes laws had a dramatic effect in California being that the cost of housing an inmate incarcerated is about $47, 102 yearly. Criminal offenders who are on their last strike have a tendency to either attack or escape from police. This legislation also has an impact on inmates who have been released for nonviolent crimes. Their criminal charges are now on their permanent record which could hinder them from obtaining a job after prison

What is the expectation when someone commits a crime? Many would say that offenders require strict punishment including harsh sentencing moreover that rehabilitation is without value. Two conflicting views are being examined from Eugene H. Methvin, who is a supporter of mandatory sentencing as well as ‘three strikes’ sentencing that can result in life sentences being mandatory for repeat offenders even if they are non-violent crimes. On the other hand, is David Shichor, who supports sentencing that is efficient and fair especially since harsh sentencing does not reduce crime. Two works are reviewed, Eugene Methvin is his paper Mugged by Reality and David Shichor in his Three Strikes as a Public Policy.