In the early 1990s, in an effort to decrease crime states decided that mandatory sentencing laws for repeat criminal offenders would be a good idea. As a result, several states created statutes that would require these sentences to be implemented when an offender committed a third offense; which has come to be known as “three strikes laws.” On the surface, this law seemed like good public policy; however, critics believe the sentences are not only disproportionate to the crimes that would send a criminal to jail for 25 years to life, but it would also cause the costs to house these criminals to skyrocket.(Shoener, 2015)
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
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To qualify as a persistent sex offender, an offender must have two separate convictions of specified sex offenses. The offenses qualifying as sexual strikes are listed in Rev. Code Wash. Sec. 9.94A.030 and include first and second degree rape as well as several additional crimes, such as assault or burglary, when there has been a finding that the crime was sexually motivated. In the 2008 session, the legislature passed SB 6184, which expanded the crimes that invoked the life imprisonment penalty to include any felony crime conviction in another state where there had been a finding of sexual motivation, if the minimum sentence imposed was 10 years or more. (McCarthy, 2009) One thing that separates Washington’s law apart from other states is the fact that neither judges nor prosecutors can choose to suppress other serious convictions, as a means to avoid the life without parole sentence. The only exception to this law would be if the Governor signs a pardon or grants the criminal
There are many criminal justice policies that have been implemented over the years. There have also been policies put in place that is designed to enhance or clarify existing policies. Policies that are written and implemented cover a variety of different area in the criminal justice domain. Policies also are in place to provide protection to victims, the accused, and the officers involved in cases. There are many times when a criminal justice policy is made as a knee-jerk type reaction to either public scrutiny or even political gain. In this paper, the Texas three-strike law will be looked upon determining whether this policy still holds up in the world in which we currently
This involved of a very detailed outline of my HCP essay about my new topic on Three Strikes law in New Mexico. It has concepts that is associated with what define Three Strikes Law in New Mexico and some examples what led the Three Strikes law to be passed in 1994 and some of the argument points that helped me to reinforce my evidences in my paper. This helped me a lot to create a good multi-modal composition project.
The California’s Three Strikes Law was an act that came into place under the Violent Crime Control and Law Enforcement Act of 1994. The law was enacted to help deal with violent repeat offenders. The essence of three strikes law was to require a defendant convicted of any new felony, suffered prior convictions of a serious felony to be sentenced to state prison. In this paper I will discuss the three strikes laws adding to prison overcrowding, does it targets non-violent offenders, and are these laws a deterrent. America’s incarceration addiction grew during the late 1980s and early 1990s, as state and local government passed the “three strikes” law called for mandatory sentencing of repeat offenders. California's "three strikes and you're
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
. I do not think, so I need to change anything in my current problem from the HCP to AP. My current problem is that for the last few years, three strikes law has enormously increased more crimes in New Mexico. A main reason there is an increase in New Mexico is because in New Mexico the three strikes law is mainly only applied for 5 specific crimes such as kidnapping, armed robbery, murder, shooting, and criminal sexual penetration. Moreover, there is debate going on in New Mexico that the crime rate is rising very rapidly to increase that New Mexico government need to toughen the three strikes law. Governor Martinez is arguing that the three strikes law is very weak that is no narrow that no inmate is currently serving a life sentence under it. There are many criminals out there on the streets of New Mexico who keep crimes but there is no one to stop them because most of the crimes in New Mexico do not even apply to the three strikes law. This is the few of the reasons why New Mexico crime rate is still high.
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).
In contrast, the Washington law was enacted in December of 1993. Additionally, the penalties for a third-strike varies. In the Washington statute, all three strikes must be for felonies that are specifically listed in the legislation. Moreover, there is no second strike provision in the Washington statute. The Washington Three Strike law statute requires a life term in prison without the possibility of parole for a person convicted for the third time of any of the serious crimes listed in the
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.
The three strikes law in California stipulates that your first two "strikes" are acquired when you commit two serious or violent felonies. However the third strike can be any type of felony, violent or nonviolent (Schafer, 1999). For this reason, more and more criminals are being put away, especially in California, for third strikes that are nonviolent and relatively small crimes and overcrowding our prisons at a fast rate.
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.
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.
Between 1993 and 1995, 24 states and the federal government adopted some form of the three strikes law, which reduced judicial discretion practices and mandated severe incarceration periods to those who were convicted of three or more felonies (Peak, 2012). The rational of the three-strikes you are out law was an attempt to protect society and deter crime by targeting repeat offenders such as murders, rapists, and child molesters by locking them up for long periods of time. The law was built around a political push in the early nineties adopted around public perception that the prison system was lenient on criminals and society needed to get tough on crime. While the three-strike law was intended
The three strikes law was implemented in the early 1990's for offender that are consider to be an extreme nuisance to the community as well as being called habitual offenders. These criminals are ones that have committed two felonies and are on their third. Now with that being said the third felony does not have to be a severe or heinous act. The third felony could be something as simple as grand larceny or forgery (The free dictionary, Three Strike Laws). The three strike laws were first adopted by Washington state and shortly there a California adopted the three strike law due to an emotional murder that was committed by a felon convicted twice before (total criminal defense). By 2003, more than half of the United States had adopted the three strike laws. Many States do have provisions under these laws called "habitual offender" provisions and these people are only affected by
The state of Washington passed the first three strikes law in 1993. Anyone convicted of three separate violent felonies must be sentenced to life in prison without a chance for parole. Then on March 8th, 1994, California followed by enacting the law that sanctioned a sentence of 25 years to life for a third felony conviction. Contrary to Washington, the California law counts nonviolent felonies, such as burglary and theft as “strike” offences; by 2001, over 50,000 criminals had been penalized under the new law, far more than any other state, with almost a quarter of the prisoners facing a minimum of 25 years
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,