The fallacy of three strikes laws

While this sounds logical, the system used to determine these harsher sentences is deeply flawed and unconstitutional. For an example of this law in action, lets look at a few hypothetical criminals. Our first villain, lets call him Jerry, is an 18 year old caucasian male from Olympia.

The fallacy of three strikes laws

Furthermore, in andfifteen states are also enacted the three strikes law Crane 1. As crime and violence increased in the United States, citizens began to feel powerless. Terrorized in their own neighborhoods by criminals, who go in and out of the legal system, people began to believe there was no justice for them.

Ironically, many people feared so much the gangs, drug dealers, pushers, and hustlers of the streets. An enormous outcry came about, requesting the government to fix the increasing crime rate. The answer to this dilemma came in the form of the three strikes law. According to Jabali-Nash, propositionalso known as the three strikes law, was passed on November 9, The proposal had portion of the population supporting it at the ballot boxes.

Sentencing Enhancement—"Three Strikes" Law | JM | Department of Justice

With a 75 percent margin, the law was passed. On March 7, Governor Pete Wilson signed the proposal into law However, Within a few years of implementation, problems with the three strikes law began to arise. One of the issues is the increased cost of incarceration. This amount of money could put one person through a state college for two or three years.

According to the United States Department of Justice article Statistics on Cost in California, the three strikes law has placed 1, people in prison for a third strike offense and 14, people in prison on a second strike offense 1.

To support these inmates for longer periods of time we will have to increase the amount of money going to our prison system. This means that either spending in other areas will be cut or an increase of taxes. Neither of which is highly favored by voters.

The money that is being spent incarcerating these people can be more well spent in other areas such as education. Also, those money can be spent on crime prevention and rehabilitation, rather than retribution. The other aspect to consider in the implementation of the three strikes legislation is its effect on non-violent offenders.

These are the people hardest hit by this law. Now that we will be having more and more criminals behind bars we shall have to spend even more money building and keeping up our overcrowded prisons. There have only been only 53 people with second and third strike convictions for rape, murder, and kidnapping 1.

Most drug users are not in need prison, they are in need of help for their addictions. If a fraction of the money it would cost to imprison them is put toward drug rehabilitation programs it would save the state money, while at the same time helping the individual.

The three strikes legislation is directly aimed at violent crime, but its track record as shown that it has missed the mark by a long shot. Some offenders have been convicted for a third strike on relatively small offenses.

His previous offenses had all been non-violent, yet he was convicted under our three strikes law Franklin This is not an isolated incident either. Franklin cites numerous examples of cases where people were convicted under this legislation for non-violent offenses These types of cases just illustrate how the three strikes legislation is targeting non-violent offenders, as opposed to its goal of targeting violent criminals.

Search form Three Strikes Laws Criminal statutes that mandate increased sentences for repeat offenders, usually after three serious crimes.
Three Strikes Law Essay Example | Graduateway CRM -
Kidnapping; Robbery; and Any offense punishable by 10 years or more which includes an element of the use of force or involves a significant risk of force The statue also specifically excludes certain felonies such as unarmed robbery offenses or arsons which posed no threat to human life.
Why, you may ask.

The State Senate soon after voted the bill into law, with only seven members voting against it. The three strikes initiative stemmed from the killing of Polly Klass by Richard Allen Davis, a convicted felon.

In murder of year old Polly Klaas, whose killer was a paroled felon. After that case, the three strikes laws are statutes enacted by state governments in the United States.

The fallacy of three strikes laws

Therefore, congress passed a federal version in and many states law also doubles minimum terms for second time offenders. With a 75 percent margin, the law was passed Reuben Within a few years of implementation, problems with the three strikes law began to arise.

Along with a lower crime came the price of overcrowded prisons. Minor crimes, such as petty theft and burglary received 25 year long sentences. The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent crime or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence.

Violent and serious felonies are specifically listed in state laws. Violent offenses include murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other ex offenses; serious offenses include the same offenses defined as violent offenses, but also include other crimes such as burglary of a residence and assault with intent to commit a robbery or murder.Wobbler laws, or crimes which can be either misdemeanors or felonies, are very important to three strikes laws.

If a defendant has two previous felonies on record and commits a crime which is considered a "wobbler," the court . the 25 other three-strikes laws combined. The chronically loose link between The Zero-Sum Fallacy A second feature of the recent politics of punishment also concerns the relationship between the symbolic and the operational aspects of penal law.

The California three strikes law is tough and dumb, and anyone remotely familiar with the criminal justice system understands that.

According to DiIulio, I and other criminologists are out of touch with the concerns of middle class Americans.

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Facts, Fallacies, and California's Three Strikes Franklin E. Zimring and Sam Kamin* The Duquesne Law Review recently published an article by Brian.

The Washington State Three-Strikes Law It is difficult to determine whether the three-strikes law in Washington is an effective form of legislation. 3 Strikes Laws: Cruel and Unusual Punishment Washington State was the first in the nation to enact a “3 Strikes Law”, which provides for harsher sentencing for repeat offenders - The Fallacy of Three Strikes Laws introduction.

Three Strikes Laws legal definition of Three Strikes Laws