Report: Ethics and Three Strikes Law

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

Other punitive measures, that have developed out of the just deserts mentality, such as three-strikes laws, which required life sentences for those with three convictions, as well as Scared Straight programs and boot camps, have negligible or detrimental effects to recidivism (Andrews & Bonta, 2010). Studies have repeatedly shown that long prison sentences and lack of rehabilitation actually increases the likelihood of reoffending (Canadian Civil Liberties Association [CCLA], 2011). While using punitive measures in the name of retribution may make those in society feel safe, there is no evidence to support this approach.

The 3 Strikes Crime Law gives court system all across the nation unwavering power to inflict harsh sentencing laws on non-violent criminals. The 8th Amendment protects people from being subjected to cruel and unusual punishment, however, the 3 Strikes Crime Law allows States Courts to punish non-violent criminals just as severely as violent criminals. Many criminals with non-violent, non-serious crimes who have been sentenced under the harsh 3 Strikes Crime Law have appealed their cases and were denied reevaluation by the Supreme Court. The 3 Strikes Crime Law allows the court system to punish criminals based off of the amount of crimes they have committed, rather than the severity. When considering who this law affects it can be extremely unnerving, and often seems cruel.

This paper looks at some of the problems with the three strikes legislation and how it affects different parties such as nonviolent offenders, the department of corrections system, the court system, and the public in general.

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.

This paper looks at some of the problems with the three strikes legislation and how it affects different parties such as nonviolent offenders, the department of corrections system, the court system, and the public in general.

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

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

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).

Today, more than 2 million Americans are incarcerated in either a state facility, federal correctional facility or a local installation (Batey,2002). Due to longer sentences, incorporating harsh sentencing guidelines, and mandatory minimum punishments (NeSmith,2015). With each inmate costing taxpayers an average of $30,000 annually. The Violent Crime Control and Law Enforcement Act of 1994 were increased sentences for a broad range of offenses, as well as establishing federal penalties for most murders and a large number of other crimes already subject to state law (Batey,2002). In addition to reducing the discretion of state judicial systems; as well as 85 percent of sentence satisfaction and establishing a mandatory life sentence for those convicted of three serious violent crimes or drug offenses (NeSmith,2015). .

To formulate the law, it was decided that the most valuable approach to reduce violent crimes was through a mandated policy decision requiring identification through past behavior of those who demonstrated clear conduct to participate in violent criminal and whose conduct was not discouraged by the usual concepts of punishment. Reed (2004) stated, “The overall purpose of punishment within the criminal justice system is to prevent the commission of crimes to deter recidivism. For this objective to be successful, punishment must be effective in addressing the problems and solutions for the entire system, not just in individual cases” (p. 502). In reducing crimes, various methods and theories are taken into account. Some of these methods are additional police, additional courts, mandatory sentencing, and increased prosecutorial resources (Reed, 2004). Because the Three Strikes Law varies from state to state, this leads to the many problems it causes in the criminal justice system.

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.

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

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