Three Strikes Law
The “Three Strikes Law” has been highly controversial since it was introduced by our government in the early and into the mid 1990’s. Specifically the “Three Strikes Law” looks to target persistent and prior offenders to impose harsher sentences. Since such a small percentage of the population commits such a large percent of crime, the “Three Strikes Law” was designed to incapacitate the repeat offenders. The mandated and elongated prison sentences given out by the judges for repeat offenders have been criticized and enclose both benefits and detriments. Throughout this paper I will look to delve deeper into the “Three Strikes Law” to determine the constitutionality of the statute while looking at specific case examples to support my theory …show more content…
In 1994 the statute demanded a prison sentence of 25 years to life without parole of those convicted of a third felony or serious crime. California has received the most criticism and attention over the years regarding the constitutionality of “Three Strikes” and is considered to have the harshest stipulations. Prosecuting attorneys in California have the discretion to include or exclude a strike on previous convictions even if the crime was a misdemeanor or non-violent crime.
With unusually high percentages of imprisonment and the large amounts of money being spent to maintain the prisons along with their inmates, it is important to fully understand the “Three Strikes Laws” and the effects they have on our economy along with the rights of our countries citizens. Looking at different case and statutory examples we can begin to see the flaws and imperfections that the statutes
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In the case of Solem V. Helm, the person convicted had a history of non-violent felonies. When convicted of another non-violent felony the judge used their discretion to enhance the crime to a class one felony. The length of imprisonment for the initial felony charged was a maximum of 5 years. With the new sanctions imposed on him, the class one felony maximum imprisonment was 25 years to life. Helm ultimately pled guilty and received a sentence of life without parole. Eventually appealing under Habeus Corpus relief, Helm argued that his punishment was cruel and unusual punishment under the eighth amendment and the crime did not fit the punishment. The court eventually rule din his favor reducing his sentence. In hindsight, because helm had a previous record of minor felony offenses the initial judge sought to uphold the maximum punishment available. Even though Helm’s 7th felony offense was also
Indeterminate Life Sentence V. Ewing's 3 Strikes
217 Words | 1 PagesEwing had been convicted of both burglary and robbery approximately seven years before the crime that gave rise to this appeal. When he stole the golf clubs, he was still on parole following his release from prison related to those two felony convictions. Following his conviction in this case, the trial judge declined to exercise discretion and convict Ewing of a misdemeanor only, as he was allowed but not required to do under California law. After determining that Ewing should be punished for a felony offense, the trial judge applied California’s “three strikes" law, where a criminal defendant must be sentenced indeterminate life sentence, which in this case was twenty-five years to life. Ewing claimed that the sentence was disproportionate
Tejay Johnson Case Study
718 Words | 3 PagesThe defenses’ argument was to let Johnson only sever for 15 years in exchange. Goldman proposed to have the court consider the appeal before the sentence claiming that it would “cause irreparable harm to his client.” As well as the other attorney’s representing the others who were arrested had them “not guilty pleas on their behalf and called the six-figure bails excessive (Bichao).” The other members that were also caught in relation to the robberies weren’t treated as harsh than
Wilkins Vs Gaddy Case Study
458 Words | 2 PagesIn reversing the decision of the district court, the Court held the “core judicial injury” was “whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.” The extent of injury Wilkin’s suffered may have been relevant in determining the level of force that was applied but just because the prisoner may have escaped serious injury does not prohibit the individual from pursuing a
Third-Strike Law Case Study
550 Words | 3 PagesThe Three Strikes Law states that a penalty enhancement should be handed down to anyone who had previously been convicted of one or more supposedly serious or violent felonies. Under the same laws, an offender who had previously been convicted of a violent or serious felony, regardless of how diminished it may be, face the risk of double-sentencing under the guidelines of the second strike. On the other hand, a third- strike sentencing guideline is applied when an offender with two or more previous crimes is convicted. Under this guideline, a minimum of twenty-five years to life is applied. However, for the third-strike sentence to be passed, the previous crimes committed must be either violent or serious.
Pike Vs America
482 Words | 2 Pages: Petitioner, the State of Arizona, sought review of an order entered by the Superior Court of Maricopa County, Arizona, which granted the defendant Pike’s motion to modify his sentence pursuant to Ariz. R. Crim. P. 32. During the time of the offense, a sentence of one year-life was officially put into place. Pike filed a petition for post-conviction relief to have his sentence altered because he believed that his sentence was cruel and unusual punishment under the Eighth Amendment. The trial court granted Pike’s petition and gave him only 15 to 30 years and the state of Arizona filed a petition for review. On July 10, 1975, the defendant Pike was convicted of possession of dangerous drugs for sale which violated the A.R.S. §§ 32-1970(C), 32-1996(C), and 32-1901, and Pike was sentenced to serve a term of not less than 40 nor more than 50 years in the Arizona State Prison.
California Three Strikes Analysis
78 Words | 1 PagesUnder 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
The New Jim Crow: A Case Study
515 Words | 3 Pages(Michelle Alexander, 2010:58) The three strikes law targeted the communities affluent with minority groups. At the turn of the 21st century the majority that entered the prison system were African Americans and Latinos. (Michelle Alexander, 2010) The reason behind mass incarceration was due to the crack down on the deteriorating communities where the majority of minorities lived. Authors Scott Ehlers, Vincent Schiraldi and Jason Ziedenberg of Still Striking Out: Ten Years of California’s Three Strikes (2004) report that African Americans in prison because of the three strike law is higher per every 100,000 African American than Whites and Latinos in California. (U.S. Census Bureau
Effects Of Changing Sentencing Laws
343 Words | 2 PagesThe Effects of Changes to Sentencing Laws Changes in the sentencing laws across the United States have accelerated the need for alternative methods of punishment and prevention. As societal norms change and technological advancements continue to improve the way we live, modifications to laws are made accordingly. It is only appropriate that new and improved solutions to the probation and parole systems be implemented, examples are front door and back door programs. These programs have contributed greatly in resolving various issues that have presented in the correctional system because of the changing sentencing laws. The laws that have changed and have had influenced the need for programs include, changes in the compassionate release laws,
Three Strikes Law
673 Words | 3 PagesThe 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.
Three Strikes Law Advantages
1736 Words | 7 PagesFor the following CRJ 11 research paper, I will be discussing the three Strikes laws, the Ewing v. California case as it pertains to the three strikes law. Next, a few thoughts on the disadvantages and advantages of the Law, I will be also answering the question if the three strike law policies are unfair. I will conclude with thoughts on how mass incarceration can be cost effective on the taxpayers and communities. As well, other alternatives for adjudication which might include using the income on more productive means in the community to lower the crime rate.
Essay On Mandatory Minimum Sentencing
1798 Words | 8 PagesDefined 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
Essay On Mandatory Minimum Law
662 Words | 3 PagesDuring the 1990s, there are tough crimes that increase the prison's population and length of prison sentencing. For example, former attorney General Dan Lungren explained that violent crimes in California 26.9 percent and 30.8 percent in six major crime categories after passing the Three Strike law (Vitiello, 2002). Three Strike law has an incapacitation effect. The number of third striker and second striker decline every year from 1996 through 2003 (Goodno, 2007). However, mandatory minimum associated with drug crimes are different from other
Tough On Crime Policy Analysis
784 Words | 4 PagesAs 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.
Pros And Cons Of Three Strikes Law
1236 Words | 5 PagesIn 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).
Mass Incarceration Literature Review
1728 Words | 7 PagesThe 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.
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