In the United States, habitual offender laws, are statutes enacted by state governments which mandates the courts to impose harsher sentences on those convicted of an offense if they have been previously convicted of two prior serious criminal offenses. What this means is that people that have been put in prison 3 times will get a harsher punishment going from whatever they 're consequence is to life in prison. I am against this law, for reasons I will talk about later. The origin of the three strikes law came from article 2 section 28 of the Montana constitution in 1998, which states the three strikes law.
Three strikes laws are state laws that accommodate a much harsher discipline, for the most part a lifelong incarceration, the third time a man submits a lawful offense. There are likewise periodic guilty party laws, which are recognized by the quantity of offenses expected to trigger the harsher punishment. For instance, in North Carolina, a man is viewed as an ongoing guilty party on their fourth crime. Three strikes and ongoing wrongdoer laws shift enormously from state to state and their application can turn on elements, for example, • The time allotment between crimes • The reality of the crimes • The request of the wrongdoings submitted • Discretion of the trial judge in sentencing under the law
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.
For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.
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
Strengths And Weaknesses Of The Jury The mock trial conducted in class on the 27th of September was between Pedler vs the crown. In a real trial a jury is meant to entail a large cross section of the community where members of the public are randomly selected on the electoral roll. For this case I participated in the jury it was evident that the there were both strength and weakness to the system. A strength of the jury system that was shown is the attentiveness they showed during the trial despite a few time it was clear most people took there time to analyse and think about the case to make a clear decision.
In the discussions in the documentary 13th, it talks about the controversial issue of racism. On one hand there are people that say that African Americans are not doing anything wrong and that America’s justice system is corrupt, and on the other hand there are African Americans that are in gangs, dealing crack, and killing people that if raised right and would stay in school/out of trouble would not be stuck in jail for the rest of their life. In the documentary 13th, it talks about racism from the past to the present. It starts with people from the KKK and lynching mobs from back then to now a days where they say that Black people are getting arrested and getting stuck in a corrupt justice system.
Indiscriminate peaceful resistance to laws is harmful to a society. Peaceful resistance to unjust laws, however, is not only good for a society, but fundamental to a free one. If the people put up no resistance to unjust laws, they are merely slaves of the state, without freedom. An unjust law is a law which either violates the natural rights of the people or forces them to act against their conscience. Although a few situations call for armed resistance, as the Declaration of Independence notes, most situations do not and peaceful resistance will almost always further the common good.
The United States has a larger percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is growing exponentially. The expense generated by these overcrowded prisons cost the country a substantial amount of money every year. While people are incarcerated for several reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. This literature review will discuss the ineffectiveness of the United States’ criminal justice system and how mass incarceration of non-violent offenders, racial profiling, and a high rate of recidivism has become a problem.
Mandatory Minimum Prison Sentences. The writer wishes to introduce the reader to the concept of Mandatory Minimum Prison Sentences through a process of in depth analysis, fact presentation and subsequent conclusions. Of the many straws that link Canada, United States of America, England and Wales, Scotland, Ireland, Australia, New Zealand, India and South Africa, Mandatory Minimum Sentencing is a particularly debated legal concept. Mandatory Prison Sentences in their barest extents are minimum prison sentences below which a judge can’t award a sentence to a criminal.
Out of the countless systems that America has, the criminal justice system has the most complication. Many judges, lawyers, and even prisoners have views on how to improve the criminal justice system but, to be able to pin point the problems of the criminal justice system you must discern what the causes are. Most would say that the problem with the prison system is the overcrowding. A few says the sentencing causes chaos in the criminal justice system. I believe that one or the main problem with the criminal justice system is the sentencing.
“On Pins and Needles Defending Artistic Expression” What would one expect the viewpoint of an American Civil Liberties Union of Massachusetts’ (also known as ACLU) lawyer and journalist to be regarding tattoos as a form of artistic expression? Carol Rose is the executive director of the American Civil Liberties Union of Massachusetts. Being a lawyer and journalist, Carol has spent her career working for and writing about human rights and civil liberties, both in the United States and abroad”(Rottenberg 36). Because of her eminent profession, one would naturally assume that Rose leans more towards a liberal point of view. In regards to tattoos, that assertion would be correct.
The effects of the Three Strikes Law on California’s economy were evident through the significant costs that were required to house inmates for the duration of the sentences imposed by the law. As of 2009, the California Department of Corrections estimated those costs to have been 19.2 billion dollars (California Department of Corrections and Rehabilitation, 2009). From 1985 to 2010, California’s prison budget increased from four percent to ten percent. Meanwhile, the state’s higher education budget decreased from eleven percent to less than six percent. The health and welfare and K12 funding also decreased because of the additional funding required to house the growing number of inmates who were imprisoned under the Three Strikes Law.