Three Strikes Law Essay

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

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

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

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).

One more pro on the affirmative side is that is helps out the justice system. Let’s admit it, our justice system is not perfect and will probably never be perfect. Like everything else it has its flaws.” The Three Strikes Law is a way to provide fix for the flaws of our justice system

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,

Before we talk about why New Mexico enacted the three strikes law, I want to first talk about its origin in California which influenced New Mexico to pass the law in 1994. The three strikes law is a penalizing system that allows the court to add significant time to the prison judgements of certain repeat offenders who have been put away for serious or violent crimes. The three strikes law was adopted in 1990s to allow stricter punishments for those offenders who have convicted very serious crimes more than once. In 1990s, Californians were encouraged to get tough on crime measures which histrionically increased the prison population and the length of prison sentences. Most candidates in the past years have dreaded with being considered as “soft on crime,” which got worse throughout the legislative route. The three strikes law was generated in the 1990s in reaction to18-year-old Kimber Reynolds, daughter of Mike Reynold murdered in Fresno in 1992 by Douglas David Walker, and kidnapped and murdered of 12-year-old Polly klaas by repeat offender Richard Allen Davis in 1993 (Figure 1). There were many citizens in California who were terrified by the statement that the repeat criminals are still on the streets wandering around freely with the long past history of violent crimes. After all the horrific violent crimes happened in California, California legislators and voters

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.

The three strikes law is a law that was originally proposed in California in 1994 from the state of Washington. This law was created under the Violent Crime Control and Law Enforcement Act. The purpose of three strike law is to convict prior felons who commit any new felonies to be sentenced to twice the term then what the original crime is usually served for. The main purpose of the three strikes law was also to increase the defendant’s sentence to prevent them from early release and committing further crimes in the communities.

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).

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

sometimes even life in prison this trend is good because most times it will keep repeat offenders from committing crimes I guess the thought of getting that third strike and going to prison for possibly life would be a really strong motivation to stay out of trouble and keep doing good. Then again this three strikes law could not be a good thing for instance in the text it talks about jerry Williams who had a record of two prior felony convictions involving violence when he stole piece of pizza without a weapon from four children, then the judge under mandatory California law, had to sentence Williams to twenty five years in prison. I understand this man had a record and was on the verge of the third strike but I don’t think that sentencing Mr. Williams to twenty five years in prison for a pizza was really necessary that five dollar pizza now has cost the state an estimated 500,000 for the time that Williams is going to be incarcerated a simply being locked up for even a year in county would I think be more suitable and cost friendly in