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Three Strikes Law Research Paper

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California’s Three Strikes Law was implemented in order to improve public safety. The murders of Polly Klaas and Kimber Reynolds caused the citizens of California to request a reactive measure in order to improve California’s preventive safety measures. Polly Klaas and Kimber Reynolds were both murdered by repeat offenders. The murders resulted in a public outcry and a petition was started in order to improve the sentencing requirements for repeat offenders (Skelton, 1993). The Three Strikes Law became a source of controversy due to the fact that many people argued that the law was in violation of the Eighth Amendment, which states that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments …show more content…

The law was designed to reduce the amount of repeat offenders in the community and the rate of violent crimes. Originally, the policy had the support of California’s citizens and legislators. However, the public’s support wavered after many individuals who were accused of nonviolent or nonserious offenses were sentenced as a result of the law. For example, in the case of Ewing v. California, the defense cited the sentencing as being in violation of both the Eighth Amendment and the proportionality rule. As a result, the United States Supreme Court ruled that the provision was unconstitutional (Legislative Analyst’s Office, …show more content…

In 2004, Proposition 66 aimed to revise the Three Strikes Law by mandating a life sentence only if the third offense was serious or violent. It also would have removed eight crimes from the serious or violent category. The voters rejected the proposition by a narrow margin. There were 47% of voters on the affirmative side of the proposition. The narrow margin of defeat for the proposition revealed that the citizens of California were largely in favor of revising the policy (Legislative Analyst’s Office, 2005). In 2012, Proposition 36 was approved by the voters in California. The amendment revised the Three Strikes Law by requiring a sentence of 25 years to life only if the third strike offense was serious or violent. Additionally, it allowed inmates who were serving a sentence of 25 years to life under the Three Strikes Law to petition for a sentence reduction if their third strike offense was not serious or violent (California Courts The Judicial Branch of California,

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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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California overcrowding prisons conditions has gain National attention. The U.S. Supreme court has found that California is in violation of the 8th Amendment. California has been required to reduce their prison inmates by 40,000 inmates. California has utilized many options to reduce the inmate population within the prison system. California has to two years to reduce the inmates count in the prison system.

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Karson Steitz Collard English October 16, 2014 Finance Test rewrite Summary Proposition 47 is a new but very relevant issue which is insisting to reclassify some felonies to misdemeanors. Which will give roughly 10,000 inmates a chance to be released since their crime could be reclassified. As well as create a fund for schools and neighborhoods which means more money will go towards schools and police enforcement so that they can buy more supplies as well as the fund that go towards police enforcement so that they can patrol more places so that the city streets can be safer which is why it is called the safe school and neighborhood act. Facts and proposed budget The primary issue for proposition 47 is that it gives the eligibility to thousands of inmate’s early release.

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In Harmelin v. Michigan, Harmelin objects his life without parole sentence, claiming it violates the Eighth Amendment on the grounds of being “cruel and unusual”. The outcome of the case rules the sentencing constitutional, reasoning that just because it may be unusual or uncommon, does not make it a violation. Even though the punishment itself may be cruel in comparison to other punishments, it is not historically unusual or unprecedented. The case itself speaks a great volume about the proportionality of crime to punishment. Considering Harmelin only possessed cocaine as his crime, and received a life sentence without parole, the court ruled in favor of Michigan.

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963 Words | 4 Pages

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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Because that is a cruel and unusual punishment for a smaller crime like littering. The meaning and purpose of the 8th amendment has an enduring impact on many Americans lives. The whole 8th amendment from the Bill of Rights is, "Excessive bail shall not be required, nor excessive

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Issue 6- Does the Act violate the Procedural Due Process? Conclusion 1.

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I oppose the three strikes legislation, a judge should be able to use discretion, and should not be forced to use mandatory sentencing. Judges should be able to sentence each individual based on what they think is best for the person. Sometimes certain individuals deserve a second chance or a break, the three strikes law will

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338 Words | 2 Pages

Since the earliest inception of a codified concept of crime and punishment the criminal justice system has been in a state of ever changing progress building on the philosophies of laws and their subsequent punishments from as far back as ancient times of human society. In this essay what will be looked at are the current policies and principals of punishment of the state of Texas with regards to specified and targeted crimes in particular the crimes of aggravated assault, and grand theft auto, as well it will be looked at to see if there are any new practices that may improve the current system that is in place or if any changes or modifications needs to be done. In centuries past the most common forms of punishment have their roots in

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791 Words | 4 Pages

An amendment, and justice is ultimately what keeps the citizenry of the society safe each and every day, if anything. Although we are aware that ever state in America has not ratified the 8th amendment and that’s something that needs to change because if you think about it although the death penalty is a cheap option and easier way to get rid of criminals who could commit more crimes. You must take into the fact that no life should be taken, and that all lives matter even if serious crimes have been committed by that person. If the state has not ratified the amendment and refuses to then they should have certain policies, restrictions, etc. and be sure to follow

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Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.

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Maryland lawmakers are indecisive regarding the best way to reduce the high rates of murder. A bill has been proposed to impose harsher criminal penalties against violent criminals (Wiggins). Some legislators, defense lawyers, and civil rights activists are opposing the bill because of the adverse effects of tough penalties. Supporters of the bill argue that the tough penalties are targeting repeat violent offenders and that it will avert crime in the long-term (Wiggins). Repressive policies such as tougher penalties will be perceptibly inefficacious as they have failed in the past.

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As a result of the increasing animosity of law enforcement authority and justice officials within our society, it has become apparent that the time for Congressional action is now to aid in calming the social fire storm of recent social anti-police movements, increased deadly ambushes upon unsuspecting police officers, and hateful rhetoric in the form of rebellious movements. So where should our nation’s leaders begin? Professor Paul George Cassell J.D. professor of Law at the University of Utah and former Unites States federal Judge suggests by starting with a reexamination of congressionally mandated mandatory minimum sentencing. In Cassell’s publication titled “Sense and Sensibility in Mandatory Minimum Sentencing” Cassell argues the unreasonableness of forcing mandatory minimum sentencing upon state courts when oftentimes, the punishment far exceeds the severity and/or social impact of the crime. As he explains within the text, “In practice, statutory minimums can distort the processes and outcomes of the federal system.

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In other words, mandatory sentencing for repeating offenders that have not learned their lesson and also so they stop committing crimes in the street since they are imprisoned. What the law basically states is that if you are a felon that has two felonies in their record and gets charged with a third felony, you must received the maximum sentence for the type of felony. With this law follows a lot of controversy. Some people believe that it is too harsh and can ruin a person's life. Others believe it is well deserved as you get 3 chances to better yourself.

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664 Words | 3 Pages

However, as time passed, many raised voice about this being not as effective. According to criminologist David Kennedy, just by increasing the punishment, criminals who can’t think straight won’t be shaken by this. Only normal people, who have stakes in the society, will think twice before committing a crime. There is another reason many called the law to

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