Three Strike Law Case Study

You may not be able to complete your education. Many university applications ask you to tell them if you have been convicted of a felony. In addition, you may not be able to qualify for financial

The US Correctional System has many different types of punishments, which are based upon the type of crime the offender commits. Murder, Rape and Identity theft are all crimes, crimes that carry different types of punishments. Some crimes such as murder for example have different levels that are based on it nature, first, second, and third degree murder are all three types of murder but carry a different punishment. There are some crimes though that does not carry a large jail or prison sentence such as driving under the influence (DUI). This type of crime is most like going to sentence the offender to alcohol awareness (AA) classes as a form of punishment, in hopes of rehabilitating the offender to give up

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

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.

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 first strike that someone has on their record has to be from a serious or violent crime. Some of the controversy derives from what the law considers a serious offense. The second strike happens when there was a prior conviction that was a violent or serious crime. When a suspect is facing his or her second strike the required time is doubled. For example, if the court gave someone seven years for a felony, they would receive fourteen years. When a person receives their third strike on their record with any felony conviction their time jumps up to twenty-five to life. The offender can not receive parole until eighty percent or twenty years of their time is served (Brauchli).

Many states already had a habitual felon law on their books, where as if an offender were convicted of two or more offenses, he or she would receive a harsher prison sentence (Stolzenberg & Alessio, 1997). The difference between the three strikes law and habitual felon law is that the three strikes law takes discretion from the judicial officers, i.e. prosecutors and judges. Three strikes laws were

State courts in 32 counties across 17 States sentenced 79,000 felons to probation in 1986. Within 3 years of sentencing, while still on probation, 43% of these felons were rearrested for a felony. Half of the arrests were for a violent crime (murder, rape, robbery, or aggravated assault) or a drug offense (drug trafficking or drug possession).

In 1993, Washington was the first state to pass the three strikes laws; however, it later became known as the Persistent Offender Accountability Act. According to this act, courts are required to sentence “persistent offenders” to a term of life in prison

In Sentencing legislation. Under that law, parole was abolished; felons sentenced to prison are now given a bifurcated (two-part) sentence in which the sentencing judge specifies an amount of time a convicted felon will serve in prison and an amount of time the person will serve in the community on extended supervision. Under

It is highly likely that the 27 year prison sentence will not rehabilitate this offender it is more likely that it will do the opposite;

Along side this definition, there are are laws in place specifically for career criminals, or repeat offenders. Laws like The Armed Career Criminal Act of 1984 (ACCA) which, at its core, is a federalized version of the Three Strike Rule. The ACCA differs from the three strike law in that it was drafted mainly for criminals who commit crimes involving the use of firearms. The law mandates a minimum sentence of fifteen years after the third conviction for felons of violent felonies or drug offense. The seriousness of previous convictions is not taken into account when giving a third sentencing however. For instance, if a felon was convicted, three times, for possession of illegal substance but, for his fourth arrest, is convicted of possessing an illegal firearm, will have to serve a minimum of fifteen years based on the ACCA. Because of this, people ridicule the law for being too harsh on criminals.

For more information about the long-term consequences of felony convictions in Arizona, please visit our criminal law overview

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).

Having one felony could create a pattern and lead to a life of crime. For instance, if you happen to try a powerfully addictive drug such as meth, you find your life spiraling out of control and become a jailbird. You were once a responsible adult, accountable for all of your actions. Now you are looting, scamming, and lying to family members just for your next fix. Also going to prison can effectively scar you in many ways. You are all alone and it is a man for themselves mentality inside those bars. The first couple of days weren’t so bad, but some weeks have passed by now some of your fellow inmates are going to test your toughness. Two inmates plan to take your lunch for a weeks on in to see if they can find a new target for some extra food. You being a first time felon, and not having the experience in prison, surrender your food thinking it will only be a one-time thing. It happens a few days, those days turn into weeks, those weeks turn into months, you’ve had enough. Your fellow cellmate has witnessed most of your troubles, but has not stood up for you because he was waiting for the time to make you an offer you couldn’t refuse. He then tells you, “If you join my gang, you will never have to worry about anyone in here ever messing with you again, on top of that, those two will be feeding you and I until it is time for them to leave here, how does that sound”? In your mind that all sounds perfect, but going from being a high school superstar that had everything going for him to suddenly being a gang member is very surreal, so you deny the offer. He then answers, “It is now or never, I am only trying to help you, I never lend a helping hand to anyone and for you to deny it is the ultimate disrespect. You will regret that decision, as long as you are in here while suffering on a daily basis”. At first you were going to deny the so called “help” but when he