In this paper, I will be explaining what the three strikes law is and its purpose. I will also be explaining why the three strikes law is controversial by defining the defending arguments from the pros and cons sides. I will also use relevant facts and statistics to demonstrate the response from the public in regards to the three strikes law. Lastly I will argue, why we should eliminate the use of the three strikes law due to its injustice to not only the criminals, but also to those of us who are innocent of crimes. The three strikes law was first passed in 1993 by Washington State to keep repeated criminals off the streets along with deterring crime (Clark et al, 1997).
“The Sentencing Reform Act of 1984” The article, “The Sentencing Reform Act of 1984” (2015), written by Eric Girault, persuades the audience that the enactment of the law did not reduce crime in societies, but was misappropriated, which caused a negative impact on families and their communities. Girault describes this by sharing his personal anecdote on receiving a harsh prison sentence for a non-violent crime as a first time offender. He uses trustworthy resources in order to substantiate his claim. Girault’s intended audience for this piece of writing is the general public, specifically those that lack knowledge of the law and its due process.
For instance, tackling issues such as health care and education, which provide severe inequality and adversity, would create an equal and safer society that would thus reject any need for criminal behavior, Davis herself suggests, “Rather, positing decarceration as our overarching strategy, we would try to envision a continuum of alternatives to imprisonment-demilitarization of schools, revitalization of education at all levels, a health system that provides free physical and mental care to all…” (Davis 107). It is clear that prisons and
Examining Problems and Their Solutions in The Parole System The United States of America contains the third largest population in the world, which contradicts the fact that the United States has the largest prison population in the world (Aliprandini, and Finley). The fact that their prison population is so large alludes to the reason they would have a strong parole system. Due to contrary belief, this is not the case.
According to the book Corrections The Essentials by Mary K. Stohr and Anthony Walsh, a sentencing disparity occurs when there is a wide variation in sentences received by different offender that may be legitimate or discriminatory. A disparity is legitimate if it is based on crime seriousness and/ or prior record. If it is not then it is considered discriminatory. Sentencing guidelines can help attempts to address these disparities by determining how long a person should go to jail for each crime they committed.
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
The initial thinking behind the creation of minimum mandatory sentences was created by congress to aim in the capture and imprisonment of high level drug traffickers, and deter others from entering into drug trafficking or using illegal substances, which would create a safer society. However, the nation prison has been expanded with low level street drug dealers, and the accessibility to illegal drugs is more obtainable then before the enactment of the mandatory sentencing act. In fact, the number of drug offenders in federal prisons has increased 21 times since 1980. Contrary to what congress has believed in the past about the dangers of crack cocaine compared to that in powder form has been proven to be untrue, but little has been done to reduce the number of prisons affected by that belief.
Explain the goals of sentencing. Identify several criteria used in determining the appropriate sentence. What constitutional rights exist during sentencing? While a trail jury can determine innocence or guilt Judges decide on the punishments for a specific crime. The Eighth Amendment to the U.S. Constitution, made applicable to the states by the Fourteenth Amendment, provides that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The purpose of the criminal justice system is to deliver justices to everyone that commits a crime, to punish the guilty and help them not to re-offend again, also while protecting the innocent citizen (Garside, 2008). We can view justice in four different type of ways: retribution, deterrence, incapacitation, and rehabilitation. We use retribution to punish the offenders. With this theory, they believe that if you punish the offender they will behave better and not re-commit the crime again.
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
There are six current trends in prison sentencing. These tends play a big role when it comes down to offenders being sentenced to prison and even after they may be released. Prisons are using these current trends to help cut down prison populations and cost. These trends include adjusting sentences, improving community supervision, responding to probation and parole violations, addressing offender needs, and attention to release and reentry. Adjusting sentences lets the state legislatures reexamine who goes to prison and for how long .with a focus on reserving space for more threatening offenders.
Sentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice.
This issue led to what is now resulting in mass incarceration. Mass incarceration has been shown to affect mostly poor and minorities. Individuals living in poverty are not afforded the same royalties as those who are not in poverty. They are more willing to commit crimes because of their lack of fortune. The crime rate is more prone to be in urban communities, which hold a significant number of minorities.
For example, "we are not moving nearly fast enough to reduce incarceration. Over 2 million Americans live caged behind bars, a 550 percent increase in the last 40 years." Thus, this shows that due to us still following the old system to many people are in jail for crimes that don’t deserve that crime. Another example is shown in article 2, line 2 "One in 35 American adults is under
There’s always something to fix in society because society is a reflection of us, and we are not perfect. Recently, there’s been many issues that have caught the attention of people living all across the world. Things such as police brutality, sexual assualt in the workplace, and immigration law, just to name a few, but there’s also been an underlying issue that people are becoming more informedinormed about, and that I believe matters - prison reform. Prison reform matters because in many instances, prisoners are treated inhumanely when they are locked up, and aren’t treated as humans when they have served their time. I believe we can bring about change in the prison system by changing the way we punish people who do commit crimes and focusing more on actual rehabilitation.