Overcrowded Prisons and the War on Drugs

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

In the 1990s, states began to execute mandatory sentencing laws for repeat offenders. This statute became known as “three strike laws”. The three strikes law increases prison sentence for people convicted of a felony. If you have two or more violent crimes or serious felonies, it limits the ability that offenders have to receive a punishment other than life sentencing. By 2003 over half of the states and federal government had enacted the “three strike laws”. The expectation behind it was to get career criminals off the street for the good of the public. However, the laws have their connoisseurs who charge sentences that are often excessive to the crimes committed and that incarcerate of three strike inmates for 25 years to life. Nevertheless, the US Supreme Court has upheld three strike laws and had rejected the fact that they amount to cruel and unusual punishment.

As the name suggests, a criminal would have to have been convicted 2 times previously to be charged with the three strikes law. It also insinuated that these repeat offenders would be “violent” offenders as well. However, that was not always the case.

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

The Three-Strikes Law has three different components. Just like marriage, driving, and educational laws the Three-Strikes law has its own version in every state. Unfortunately California’s Three-Strikes law is causing the most controversy. The three parts in California’s law are the defendant’s record of prior convictions, the current charge and the minimum punishment the defendant is facing. A man or woman has to be convicted of two felonies and charged with another one before the Three-Strikes law can come into play. Dictionary.com defines a felony as “an offense, as murder or burglary, of graver character than those called misdemeanors, especially those commonly punished in the U.S. by imprisonment for more than a year” (Brauchli).

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.

California, which previously had the toughest three strikes laws in the nation, sentencing petty shoplifters and drug offenders to life sentences for their third conviction, has recently amended their three strikes law to only affect violent offenders. However some aspects of the revised law are still unfair. Simple drug possession can still qualify an offender for life imprisonment.

This law is much stricter than prior laws. At first a person convicted of two serious felonies, such as burglary of a residence and robbery, who then committed a third serious felony, such as another robbery, would only have been sentenced to seven years. The Three Strikes Law has overcrowded the prison system beyond capacity. The overcrowding has gotten to the point where courts are considering ordering the prisons to release some of the prisoners with many of these inmates not having received any rehabilitation or vocational training to prepare them for the outside world. Today, it costs about $20,000 per year to confine a young person that is physically fit, but three Strikes laws would create a huge, geriatric prison population that would be far more expensive to care for. The estimated cost of maintaining an older prisoner is three times that required for a younger prisoner. It would cost about $60,000 per year for an older prisoner. The cost might be worth it if older prisoners represented a danger to society. But experts tell us that age is the most powerful crime reducer. Most crimes are committed by men between the ages of 15 and 24.

The War on Drugs not only has many acts that have been in place due to it, but there has been a domino effect with other topics. The War on Drugs has become a complicated, yet important aspect of the U.S. as well as other countries. It was to be believed that the War on Drugs has influenced incarceration. This effect was the ability to imprison those who are using drugs, and the amount of crime will begin to decrease (Lloyd, 2015). Margaret Lloyd (2015), also discussed how a community that has less crime could be a better living area for children, in hopes they will not act in deviant behaviors.

In the late 1960's and early 1970's, the federal government began to increasingly tighten drug laws. In 1972, President Richard Nixon formally declared a "War on Drugs", which continues

The War on Drugs is a term that is commonly applied to the campaign of prohibition of drugs. The goal of this campaign is to reduce the illegal drug trade across America. This term “ War on Drugs” was used during Nixon’s campaign in which he declared War on Drugs during a press conference in 1971. Following this declaration many organizations were created to stop the spread of drugs, like the DEA and Office of Drug Abuse Law Enforcement. Note that Nixon’s approach to this problem was to fund treatment rather than law enforcement. After Nixon’s retirement from office, most of the funding went from going into treatment to the law enforcement. Which militarized the police force giving the officer’s military weapons and gear. With this, the sentencing for possessing drugs was changed as well, resulting incarcerations rates to increase overtime. The increase of incarceration rates started to create many patterns that were soon noticeable. The funding’s that go into the law enforcement has shown to greatly have an affect on the incarceration rates.

Many feel the Three strikes laws are necessary in today's criminal justice system. Some supporting arguments for this law state that it provides a fix for a flawed justice system. Secondly it is said that this law looks like a very good deterrent after the second conviction. Next, the media tends to mostly show trivial cases pertaining to the Three strikes law, instead o showing the usual perpetrators, for example murderers and robbers. Finally, the law pertains to three convictions, not three crimes. This means the criminal could get away with other non-reported incidents. (Balanced Politics.Org, p.1) The main target is repeat offenders.

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).

Starting in 1914 the U.S introduced the first probation acts that prohibited the consumption of Opiates and Cocaine with the Harrison Narcotics act of 1914 Later this act was amended to include marijuana. This Act was the first use of federal criminal law in the United Sates to attempt to deal with the nonmedical use of drugs (wisegeek). The war of drugs started primarily in the 1971 when Nixon declared the war on drugs. He dramatically increased the size and presence of federal drug control agencies (Drug Policy). With the first major organized drug imports from Columbia from the Black Tuna Gang based in Miami, Florida Columbia was quickly growing into a drug superpower able to feed America’s growing addictions.

Mandatory minimums and three strike laws, are they really the answer to the crime problem America has faced for years? Many would say yes, including me, as long as it is for a violent crime such as murder, rape or arson; some feel that even theft, drug trafficking or possession, and burglary are all worthy of the 25-to-life sentence that can be carried under the mandatory minimums for three strike laws. A three-strike law is a law that states that you will be sentenced to 25years to life for three violations and convictions of a law. Where the three strike laws have mandatory sentences, mandatory sentences aren’t always tied in with three strike laws. A mandatory minimum is a law that requires someone