Problems with three strikes law. The Pros and Cons of the Three Strikes Law in the United States 2022-10-21
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The three strikes law is a policy that imposes severe penalties on individuals who have been convicted of three or more serious criminal offenses. While the intention behind this law is to deter repeat offenders and protect the public from dangerous criminals, it has faced criticism for a number of reasons.
One of the main problems with the three strikes law is that it disproportionately affects people of color. Studies have shown that African Americans and Hispanics are more likely to be arrested and charged under this law than white individuals, despite evidence that suggests that these communities do not commit crimes at higher rates. This disparity can be attributed to a number of factors, including racial profiling, bias within the criminal justice system, and disproportionate poverty and disadvantage within these communities. As a result, the three strikes law has contributed to the over-incarceration of people of color, further perpetuating the cycle of poverty and crime.
Another issue with the three strikes law is that it does not take into account the severity of the crimes committed. Under this law, any three felonies can trigger a life sentence, regardless of whether they are violent or nonviolent offenses. This means that individuals who have committed minor crimes such as drug possession or petty theft can be given the same sentence as those who have committed violent crimes such as murder or rape. This lack of proportionality in sentencing can result in individuals serving excessively long prison terms, leading to overcrowding in prisons and straining the criminal justice system.
Finally, the three strikes law has been criticized for its inflexibility and lack of room for rehabilitation. Once an individual has been sentenced under this law, they are not eligible for parole or early release, regardless of their progress in prison or the likelihood of reoffending. This can lead to individuals serving life sentences for crimes that they may not have committed if they had received treatment or rehabilitation earlier in their lives.
In conclusion, the three strikes law has faced criticism for its disproportionate impact on people of color, lack of proportionality in sentencing, and inflexibility in terms of rehabilitation. While it is important to hold individuals accountable for their actions and protect the public from dangerous criminals, the three strikes law may not be the most effective way to do so.
Three Strikes Law Pros and Cons
Why would anyone sentence a man to 25 years to life for a pair of stolen socks? As the name suggests, a criminal would have to have been convicted 2 times previously to be charged with the three strikes law. But he also knew that, in the age of mass media and the sound bite, fixing the law would be a heavy lift. Drugs and related offenses have also plagued many communities. A trial is a constitutional right but in the case of 851 enhancements, it becomes a penalty. The prosecutor in the Shane Taylor case had a similar change of heart. As a result of the laws being accompanied by many issues, more rehabilitative-type approaches should be embraced, such as with the Second Chance Act. Order custom essay The Pros and Cons of the Three Strikes Law in the United States with free plagiarism report The biggest con that the Three Strikes Law has is how one in four inmates in California prisons are serving time for their third strike conviction sentence, the prisons in California are already overcrowded and this law increased the inmate population, which increased the prison capacity to almost double the limit Callanan, 2013.
Societal Effects Of The Three Strikes Law 🥇 webapi.bu.edu
Federal Sentencing Reporter, 20 2 , 75-83. The only problem was, he had no paper. But if 34 million serious crimes are committed each year in the U. Here are some additional pros and cons of a three strikes law to consider. Read also International Megan's Law Unconstitutional It is important to check the specific provisions of the 3 strike law in your state, as they can vary quite a bit. That means there must be victims before the final deterrent can become useful. Depending on the state you live in, the penalties for a third strike can include prison time, fines, and mandatory registration as a sex offender.
In sum, Caulkins 2001 argues that a negative relationship exists between three strikes effect on crime rates and cost-effectiveness. Only 16 and facing difficult circumstances, young Curtis ran with the wrong crowd. However, the law remained in effect while the state of California appealed the decision. Using data derived from six major California police departments, the researchers found that the laws had a significant impact on all of the previously mentioned variables. Evaluation research needs to be conducted to see the degree to which this goal is met. But it has to be fair.
That is, some research has shown that the incapacitation effects of three strikes laws can be achieved through other less restrictive and cheaper laws. He thought about that. Putting a man in jail for life for stealing a pair of socks is a ridiculous cost to the taxpayers. Expect assaults on police and correctional officers to rise precipitously. The disconnect is clear.
Every case and every criminal is different. New York, NY: Cambridge University Press. Back to that day at the mall, and Mr. War on Drugs made the Three Strikes Law into a club with which to beat drug defendants. This fairness in sentencing refers to the principle of proportionality.
People in certain socioeconomic classes can receive preferential treatment. That is, individuals who are sentenced under the laws are not always the serious habitual offenders that they were set out to capture. But he does have some thoughts about the politics of what happened. States have had habitual offender laws and recidivist statutes for years. This law became a subject for countless debates and disputes for almost a decade now. Three strike laws carry a lot of negative effects, and statistics. Those who need serious mental help end up in the prison system instead.
3 Ways the 1994 Crime Bill Continues to Hurt Communities of Color
Is the benefit of the crime worth the risk of what happens to them should they get caught? I also enjoy reading legal blogs and discussing legal issues with friends and family. Moreover, the author explains that this situation takes place in light of the available resources of prosecutors and their individual preferences. Going to prison for life for stealing socks is not in keeping with proportionality in sentencing. This paper looks at some of the problems with the three strikes legislation and how it affects different parties such as nonviolent offenders Youth Violence, Three Strike Legislation And Drugs Abstract Youth violence, three-strike legislation and drugs in communities present major challenges facing criminal justice leaders. One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. In fact, while 156 inmates have been released, 2,844 nonviolent three-strikers remain behind bars. Three Strikes Cons Curtis Wilkerson knows the cons well.
Oftentimes citizens, prosecutors, and even judges focus on what type. However, recent changes to the law make it possible for some offenders to have their sentence reduced. Dozens of states followed suit and Some states have recognized the damage and disproportionate effect that three-strikes sentencing has on communities of color, especially black communities, and have undergone major reform efforts. It requires two convictions to become an effective deterrent. One piece of legislation that falls under this mentality is that of the Second Chance Act, which provides individuals who are going to reenter society with pre and post-release services to assist them with successful reintegration Frost, 2011.
Cruel and Unusual Punishment: The Shame of Three Strikes Laws
Gaines had never committed a violent crime. However, research has shown that these efforts have not only been ineffective Kovandzic et al. Among other things, the crime bill allowed prosecutors to charge 13-year-old children as adults for certain crimes. Read also Justice As An Ethical Principle While the three strikes law may seem like a good idea in theory, there are a few problems with it in practice. For example, someone who steals a piece of candy from a store may be sentenced to life in prison under the three strikes law, while a banker who commits fraud may only receive a slap on the wrist. Even people who steal socks and Snow White videos should probably do time if they have priors, especially serious priors.
The Pros and Cons of the Three Strikes Law in the United States
Washington, DC: National Institute of Justice. An issue with allowing this amount of prosecutorial discretion is that it can potentially lead to an increase in sentencing variation rather than a decrease like the laws intended and can also lead to individuals actually receiving shorter sentences than they would have if they had been sentenced under regular non-three strikes laws Cole, 2013. The Three Strikes Law : Narrowing The Three Strikes Law: Narrowing In on Non-Person Felonies Giving second chances or third chances are often difficult tasks when dealing with personal issues and relationships, but when crime is involved, the flood gates open wide with varying opinions. Ultimately, Three Strikes laws significantly increase the punishments received by offenders on their third offense if the first two convictions were for violent crimes. They think that this law is an advantage to prevent and control the crime rate in California. He reached out to his office and the two groups immediately found common ground.
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