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California 3 Strikes Summary

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Franklin, J. (2000).Three Strikes and You're Out of Constitutional Rights - The Prison Litigation Reform Act's Three Strikes Provision and Its Effect on Indigents, 71 U. Colo. L. Rev. 191.
This article hypothesizes that the PLRA Three Strikes provision or law goes against the equal protection element provided for in the Fifth Amendment due process clause and hence, it is constitutionally suspect.
The methods used to find information and data to support the hypothesis are qualitative whereby the researcher reviews past documents and records regarding the three strikes provision. More specifically, the author reviews past cases that are in support of the hypothesis.
From the review of the cases, the author finds out that the PLRA three strikes …show more content…

D. (2002). Three strikes and you're in (for life): An analysis of the California three strikes laws as applied to convictions for misdemeanor conduct. Thomas Jefferson Law Review, 24(2), 277-298
This article analyzes California’s Three Strikes and how it applies to petty theft cases, particularly those that have been overturned by the appeal courts, particularly the Ninth Circuit. The article hypothesizes that the legal application of California’s Three Strikes Laws to petty theft cases is an application that the voters never contemplated upon when passing the law.
The research methods used in the article is also qualitative whereby the author reviews and analyzes the California Three Strikes Law as it was passed, how the federal court takes over a state case and the application of the law in a particular case. The method used is case study.
The article found out that California’s voters were influenced by fear and politics to pass the Three Strikes law. The author also finds out that the application of the law raises questions on the proportionality in which it is applied, particularly to petty theft cases. Because of the lack of clarity in which the law can be applied, legislatures and citizens have the right to redefine the law and its …show more content…

The author has included two research questions: whether or not the original intent of the Three Strikes law is understood and whether the law has effectively reduced crime and recidivism rates.
The method used in the article is case study whereby the author focuses on the California version of the Three Strikes law. In addition, the article employs a multidisciplinary approach in analyzing the case study including history, political science and sociology.
The author found out that the California Three Strikes Law has failed to meet its initial goal of reducing the number of repeat offenders in the prison system. The article also found out that the California Three Strikes Law encourages racial disparity when it comes to sentencing offenders. This is because racial profiling forms the basis in which the criminal justice system target suspects to be incarcerated under the Three Strikes

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