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3 Strikes Research Paper

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3 Strikes – You’re Out! What is the best way to lower crime in the United States? Something that could put a stop to those who continue to commit violent crimes? The Three Strikes Policy was created for that specific purpose. The policy is based off of baseball in which if the batter gets three strike then they are out. The Three Strikes Policy is a law that significantly increases the prison sentence of a person who is convicted of a felony who has also been previously convicted of two or more other violent crimes or serious felonies in their past. This “third strike” is limited to nothing short of 25 years to life for those criminals even with a small third offense. The law was passed by former president Bill Clinton in 1993 when crime rates …show more content…

Since the law is set in place for any person who receives a criteria fitting third strike, whether it is from a big or small crime, the person is sent away to prison for basically the rest of their life. Due to the growth of the amount of people being sent to prison as a result of this policy, it is continuing to be more and more expensive to keep them in prison. High crime rate in California was the tipping point for former president Clinton to pass the law. The prison located in California now holds roughly 135,000 inmates (Shipley 1). It has more than doubled mainly because of the policy. Today, it costs about $20,000 per year to confine just one physically fit and capable offender, and about three times that cost for an older prisoner in a penitentiary (“Reasons” 1). Considering that California is just one of the fifty states that is required to uphold this law, how much money is really being siphoned annually just to keep so many offenders in jail? The state court systems costs are also rising due to the abundance of felony cases being persecuted. Since the prisons are being over populated, new prisons are being build, funneling more money into the equation. There is an obvious chain reaction that can be seen when taking a step back and observing the bigger picture. Almost all, if not all, of this funding comes from none other than the taxpayers of this

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In the spring of 1994, California’s Three Strikes was signed into law. It passed with the support of 72 percent of the state’s voters. (Gladwell 236) This law became highly controversial, and on November 6, 2012, voters passed Proposition 36, which amended the law with two primary provisions. Through the controversy, we must take a minute to remember how this law came to be. Mike Reynolds lost his daughter in June of 1992 to murder.

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The proposition that i am interested in is California proposition 36. Proposition 36 is about making changes to the three strike law. The changes that were made when proposition 36 passed is that is that a life sentence is only applied if charged with a serious or violent crime,Authorizes re-sentencing for offenders currently serving life sentences if their third strike conviction was not serious or violent and if the judge determines that the re-sentence does not pose unreasonable risk to public safety,Continues to impose a life sentence penalty if the third strike conviction was for "certain non-serious, non-violent sex or drug offenses or involved firearm possession.",and Maintains the life sentence penalty for felons with "non-serious,

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John and Gerber claims that Proposition 47 is beneficial in that it essentially negates the "Three Strikes" laws, as many of the people in California's prison system that were sentences under that law were convicted crimes that California now considers misdemeanors. Another critical benefit cited by St. John and Gerber is that it greatly reduces overcrowding in California's prison system, which is known nationally for being extremely overcrowded. Finally, St. John and Gerber look at this as potentially reducing the caseload on the justice system by 40,000 people per year, as they will no longer be charged with felony crimes. (LATimes. Com "Prop

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In the year 2016, a proposition that allowed those who were convicted of non-violent crimes was placed on the ballot. It was to go in effect on July 1, 2017. This Proposition would create a gateway for nonviolent inmates, as stated by California Penal Code, to be considered for parole. Overall, Proposition 57, Parole for Non-violent Criminals and Juvenile Court Trial Requirements, should not have passed because criminals that committed serious “nonviolent” crimes would be released from prison.

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Under the law of three strikes, which was implemented in some states of United States, a convict was awarded minimum 25 years to life if he was three time repeat offenders with multiple prior serious or violent felony convictions. California was the first state to implements this law where several high profile murders committed by felons. Residents were worried that these serial criminal would be released from the prison only to commit new, often serious and violent

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The maximum length is set by legislators and the judge imposes the length of the sentence up to the maximum. Mandatory sentences are set by legislators instead of judges. Mandatory sentences set a penalty for certain crimes that is the standard for all offenders convicted of that crime. I do not believe three-strike laws should be implemented across

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Mandatory Sentencing The three strikes legislation is used as a deterrent in different states. This makes sense because if someone is aware that they will receive consequences for their actions, it will make them think twice before committing another crime. “Habitual felony laws, commonly known as three strikes legislation, began in 1993 when an initiative was placed on the ballot in Washington State, mandating the punishment of life imprisonment without parole for offenders convicted for a third time of specified violent or serious felonies.”

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There have been a few benefits and positive outcomes for implementing the three strikes law. These benefits include, but are not limited to: 1) justice being served for the victims of the crimes and it also removes the criminals not only from the streets, but from the community as well, 2) criminals are deterred because once they have three strikes, they have no more chances, and 3) criminals would retire, flee the state, and even change their whole behavior and ways of thinking (Harris, n.d.). Research has found that before there was a “three strikes law” there were set recommendations for the third time offender. For example, child molestation in the first degree that also had two prior sex offense would receive approximately nine years and six months for their sentence. Another example is

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The three strikes law refers to a “category of statutes” that substantially increases the length of imprisonment for anyone found guilty of three or more felony offenses (Legal). A strike is incurred each time an individual is convicted of a serious, or violent felony. The felonies that are included within this category are: “burglary, robbery, kidnapping, murder, rape, child molestation involving the use of a weapon, any offense that results in severe bodily injury, arson, and crimes that involve explosive materials.” (Randolph). Baumes law, was the precursor to the three strikes law that are in place today.

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The consequences of a probation violation depend on a number of different circumstances. The seriousness of the violation and the nature of the violation are the two biggest factors that determine the consequences. Although federal and state governments govern the laws surrounding probation violations, each state has their own guidelines regarding violations and the punishment associated with the violations. Types of Probation Violations Aside from breaking current laws, people on probation can violate the terms of their probation in other ways. If offenders do not report to their probation officers at the scheduled place and time, they are in violation of their probation.

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Growing up I remember watching action movies that would convey criminals fear of getting caught and getting their 3rd strike. So for a long time I used to believe that this was a fair punishment and effectively deterred people from committing crimes. If someone committed 3 felonies why shouldn’t they be locked up? As soon as I learned that felonies are not always violent crimes my views changed. We have property, white collar and drug offenses that can be felonies.

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In other words, if you commit a crime the second time, you serve double and if you commit the 3rd time, you get sentenced minimum 25 yrs. in jail, no matter what crime it is. This was a new law implemented after a man who was recently paroled. He had many criminal records such as drug possession and gun abuse. At the time of release, he was on influence and was a drug addict.

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However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).

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