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Three Strikes Law

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The “Three Strikes Law” has been highly controversial since it was introduced by our government in the early and into the mid 1990’s. Specifically the “Three Strikes Law” looks to target persistent and prior offenders to impose harsher sentences. Since such a small percentage of the population commits such a large percent of crime, the “Three Strikes Law” was designed to incapacitate the repeat offenders. The mandated and elongated prison sentences given out by the judges for repeat offenders have been criticized and enclose both benefits and detriments. Throughout this paper I will look to delve deeper into the “Three Strikes Law” to determine the constitutionality of the statute while looking at specific case examples to support my theory …show more content…

In 1994 the statute demanded a prison sentence of 25 years to life without parole of those convicted of a third felony or serious crime. California has received the most criticism and attention over the years regarding the constitutionality of “Three Strikes” and is considered to have the harshest stipulations. Prosecuting attorneys in California have the discretion to include or exclude a strike on previous convictions even if the crime was a misdemeanor or non-violent crime.
With unusually high percentages of imprisonment and the large amounts of money being spent to maintain the prisons along with their inmates, it is important to fully understand the “Three Strikes Laws” and the effects they have on our economy along with the rights of our countries citizens. Looking at different case and statutory examples we can begin to see the flaws and imperfections that the statutes …show more content…

In the case of Solem V. Helm, the person convicted had a history of non-violent felonies. When convicted of another non-violent felony the judge used their discretion to enhance the crime to a class one felony. The length of imprisonment for the initial felony charged was a maximum of 5 years. With the new sanctions imposed on him, the class one felony maximum imprisonment was 25 years to life. Helm ultimately pled guilty and received a sentence of life without parole. Eventually appealing under Habeus Corpus relief, Helm argued that his punishment was cruel and unusual punishment under the eighth amendment and the crime did not fit the punishment. The court eventually rule din his favor reducing his sentence. In hindsight, because helm had a previous record of minor felony offenses the initial judge sought to uphold the maximum punishment available. Even though Helm’s 7th felony offense was also

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Ewing had been convicted of both burglary and robbery approximately seven years before the crime that gave rise to this appeal. When he stole the golf clubs, he was still on parole following his release from prison related to those two felony convictions. Following his conviction in this case, the trial judge declined to exercise discretion and convict Ewing of a misdemeanor only, as he was allowed but not required to do under California law. After determining that Ewing should be punished for a felony offense, the trial judge applied California’s “three strikes" law, where a criminal defendant must be sentenced indeterminate life sentence, which in this case was twenty-five years to life. Ewing claimed that the sentence was disproportionate

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: Petitioner, the State of Arizona, sought review of an order entered by the Superior Court of Maricopa County, Arizona, which granted the defendant Pike’s motion to modify his sentence pursuant to Ariz. R. Crim. P. 32. During the time of the offense, a sentence of one year-life was officially put into place. Pike filed a petition for post-conviction relief to have his sentence altered because he believed that his sentence was cruel and unusual punishment under the Eighth Amendment. The trial court granted Pike’s petition and gave him only 15 to 30 years and the state of Arizona filed a petition for review. On July 10, 1975, the defendant Pike was convicted of possession of dangerous drugs for sale which violated the A.R.S. §§ 32-1970(C), 32-1996(C), and 32-1901, and Pike was sentenced to serve a term of not less than 40 nor more than 50 years in the Arizona State Prison.

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