Three Strikes Law Essay

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 “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).

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).

Habitual offender laws or as it is known, the three strikes law is hated by most people and even ex-president Bill Clinton regrets signing this law. This law is more complex than simple. Each state has its own version of this law, with California being the strictest by implementing this law on criminals with non-violent felonies (Kieso). The effectivity of three strikes law has been questioned thousands of times because this law has the chance to ruin peoples’ lives who could have changed their paths; however, it can also lock up those who will never change. Like every law, the three strikes law is not perfect and it might lead to extreme results like in the case of Persistent Phellon.

by the people trying to pass this bill. But how did the bill become a

The concept of minimum and maximum sentences as well as the “three strikes” laws, were becoming leading causes for the incarceration of millions of new, as well as a large contingency of repeat offenders, across the board. During this period of a commonly accepted theory on crime dictated the idea that crimson behaviors was a result of oppressive societies and that given the right circumstances and resources, even the most, violent offenders could be rehabilitated and interjected back into the community. Unfortunately the resources in place and the lack of funding did little to correct the problem and an unprecedented crime wave continued to grow, as 75% of released criminals were arrested again within a 5 year

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).

One of the first well known 'Three Strikes and You’re Out' law to be passed in America was passed in California in 1994 (Chen, 2008). The intention was to give longer sentences for repeat offenders. The reasoning behind the law was simple. The harsh punishment will act as a deterrent for future criminals and those criminals that have multiple offences will be put away for many years rendering them unable to commit further crimes against our society (Chen, 2008). There are currently 28 states that have some sort of habitual offender law in place but California is the most severe in enforcing those laws (Shoener, 1993). Colorado is also one of the states that have a habitual offender law. The law in Colorado divides up the offences that can count

The “three strikes and you’re out” law or some form of the law was put into place or created in order to stop “persistent offenders” or “prior and persistent offenders.” Now the term came from baseball where a batter has to receive three strikes before they are out which in this case a criminal has to receive three strikes before they get a life sentence or a longer sentence in prison. This was done because there were a number of people who were receiving felony convictions on top of felony convictions as well as being habitual offenders of other laws that were not felonies but serious criminal crimes and getting out of prison within five to ten years and going back to their old ways. Therefore, something had to be done because it was becoming

In order to be Law-abiding, we need only be and do as God is and does; and although that may sound impossible, it is not as daunting as it seems. As an example, consider whether or not God forgives. If you believe that It forgives, then forgiveness is not only It's nature, forgiving is what It does, a principle of It's Law. Therefore, the three strikes rule cannot be a Law, since by nature and principle, Life is forgiving, and you can keep on swinging! Life is going to keep on providing another chance, and another, for as long as you keep trying. And furthermore, when you finally get it right, it is as right as if you connected on your first attempt. For in a universe of Life and Light, no matter how long one has ignored the Light and cursed

There are two different types if deterrence, the first is classified as specific deterrence. The goal of this category of deterrence is to lessen the probability of having a repeat offender. The three strikes law is an example of one of the methods that is used to assist this category of deterrence. The other category of deterrence is general deterrence. This category focuses more on future offenders. General deterrence attempts to positively influence would be offenders and stop the crimes before they happen. (Schmalleger, 2003, p. 406)

The Three Strike Rule requires a minimum sentence of 25 years to life for three-time repeat offenders with multiple prior serious or violent felony convictions. The Legislature and voters passed the Three Strikes law after several high -profile murders committed by ex-felons raised concern that violent

There are various types of crimes that can cause a person to be labeled habitual offenders. Drug possession, robbery, rape, kidnapping, and murder are just a few of the crimes that can warrant a misdemeanor or felony charge. The judicial system has proclaimed zero tolerance for these types of criminals; therefore, enhancement statutes were placed in effect. “Examples of such statutes would be the Habitual Felons Act, RICO, the Career Criminal Act, mandatory minimum sentences for trafficking in narcotics, perpetuating crimes in a violent manner, three-strikes laws, hate-crime laws, and 10-20-Life for using a gun during the commission of a crime.” (Terrrito, pg 16, Chapter 10).The reasoning behind the three-strike laws is rational when