Three Strikes 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. Baumes law was enacted in 1926 and was the first acknowledged repeat offender law implemented in the United States. Baumes law was written
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“Currently, 28 states impose substantially harsher penalties for repeat offenders.” Those states are “Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin” …show more content…
In the case of Andrade v. Attorney General of California, Leandro Andrade was arrested on November 4, 1995 for shoplifting $84.70 worth of videotapes from a K-mart store. He was again arrested on November 18, 1995 for shoplifting $68.84 worth of videotapes from a different K-mart store. Under normal circumstances, these crimes would have been considered the misdemeanor crime of petty theft, and would have been punishable by “fine, a jail sentence of six months or less, or both”. In this case however, Mr. Andrade had prior convictions for the non-violent crime of burglary. “Under the three strikes law, Mr. Andrade was sentenced “to an indeterminate life sentence without the possibility of parole for fifty years”, (Chemerinsky) despite the fact that these crimes did not involve an act of violence, nor the threat of violence to any
Jay Letterlough Case Brief
499 Words | 2 PagesName and Citation: UNITED STATES v. LETTERLOUGH 63 F.3d 332 (1995) Facts: An acquaintance of the defendant, Vincent Jay Letterlough, purchased a firearm without knowledge that Letterlough was a convicted felon. Upon learning that Letterlough was a felon, she turned herself into the police. Following her confession, Letterlough was charged with felony possession of a firearm in which he pled guilty. Because of a number of drug convictions, the Probation Officer during sentencing recommended considering Letterlough an Armed Career Criminal under the ACCA’s statutory sentencing enhancement.
Caldwell Incarceration Case Study
796 Words | 4 PagesFollowing a jury trial in the Circuit Court for Prince George’s County, appellant, Robert Eugene Caldwell (“Caldwell”), was convicted of two counts of conspiracy to commit second-degree burglary. The jury, however, acquitted Caldwell of seven other charges. For each of Caldwell’s conspiracy convictions, he received 15 years’ incarceration with all but five years suspended, and five years of supervised probation. On appeal, Caldwell presents three issues for our review, which we rephrase and reorder as follows: 1. Whether the circuit court erred in denying Caldwell’s motions for a mistrial.
California's Three Strikes Law Analysis
385 Words | 2 PagesIn the spring of 1994, California’s Three Strikes was signed into law. It passed with the support of 72 percent of the state’s voters. (Gladwell 236) This law became highly controversial, and on November 6, 2012, voters passed Proposition 36, which amended the law with two primary provisions. Through the controversy, we must take a minute to remember how this law came to be. Mike Reynolds lost his daughter in June of 1992 to murder.
The Inverted U-Curve And The Three Strike Law
664 Words | 3 PagesIn other words, if you commit a crime the second time, you serve double and if you commit the 3rd time, you get sentenced minimum 25 yrs. in jail, no matter what crime it is. This was a new law implemented after a man who was recently paroled. He had many criminal records such as drug possession and gun abuse. At the time of release, he was on influence and was a drug addict.
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.
The US Marshal Service (USMS)
997 Words | 4 PagesIf the offender is found guilty for the charge they will receive the harsher sentence, it is all about being honest within the federal courts, on determining the offenders
California 3 Strikes Summary
1014 Words | 5 PagesD. (2002). Three strikes and you're in (for life): An analysis of the California three strikes laws as applied to convictions for misdemeanor conduct. Thomas Jefferson Law Review, 24(2), 277-298 This article analyzes California’s Three Strikes and how it applies to petty theft cases, particularly those that have been overturned by the appeal courts, particularly the Ninth Circuit. The article hypothesizes that the legal application of California’s Three Strikes Laws to petty theft cases is an application that the voters never contemplated upon when passing the law.
Offender Specific Deterrence
96 Words | 1 PagesWhen a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.
Three Strikes Law
791 Words | 4 PagesThe “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
Examples Of The Felony Murder Doctrine
605 Words | 3 PagesThe rationale of this rule is that some crimes are so dangerous, society wants to deter individuals
Interactionism In Los Angeles
391 Words | 2 PagesThese stories are different because no one in the token sucking category has gone to jail for a lenghty time period and their crime was thought of a petty but " In Los Angeles, a 27 year old man stole a pizza and was sentenced to 25 years in prison." (Henslin, p209). Even though the subway system suffered financially through repairs, arrests and manpower the crimes were deemed petty and the criminals weren 't threatening to society. With the three strikes sentencings most rendered the same type of societal losses for banks, grocery stores, low level drug dealers and were non-violent but resulted in life sentences.
Constitutional Right To Due Process
1440 Words | 6 PagesOn November 23, 2015, two men were brought before Circuit Judge Terry P. Lewis, and each received marginally different sentence. The first defendant had appeared at his arraignment, where he was read the charges brought against him. The charges included trespassing and criminal mischief, among several others that were dropped due to him agreeing to a guilty plea. Briefly before the judge walked into the courtroom, the defendant had a quick word with the public defender in order to understand what was about to occur and how to respond. Following the guilty plea, Judge Lewis made sure this decision wasn’t coerced by any means and clarified what rights the defendant would lose as a result.
Sentencing Reform
1559 Words | 7 PagesAs a result, they involved (in crime) parole into the federal system in 1910 to let convicted violent criminals who did well in jail out early. The only (loss of wealth, power, reputation/something that ruins something) was that every prisoner couldn 't get parole. The broad ability to make independent decisions of judges and parole (people in charge of something) came to an agreement on the length of prison sentences before the Sentencing Reform Act came from/was caused by an idea known as offender healing/repairing. Prison-based healing/repairing programs were designed to reduce crime by helping law-breakers to function(usually/ in a common and regular way) in (community of people/all good people in the
Mandatory Sentencing Laws Essay
1509 Words | 7 PagesThen during your court proceedings, the prosecutor brings up two prior convictions from thirty years earlier so he can charge you under mandatory sentencing laws. This means a life sentence without parole over a fifty- cent pack of doughnuts. Though this scenario sounds too outrageous to be true, it happened to Robert Fassbender, a California man. States Attorney Yraceburn stated," Because of his (Fassbender) history of recidivism and the number of crimes he 's been convicted of," Fassbinder
Just Deserts Theory
1782 Words | 8 PagesThrough the decades, crime and crime control have been analyzed in an attempt to find the causes of crime and decide how to combat them. The United States showed an increase in their prison population in the 1970s when the country turned towards a more punitive justice system. Referred to as just deserts theory of crime, the aim is to inflict as much pain on the offender through harsh prison sentences, in hopes to cause as much pain as the crime they committed. The worse the crime is, the worse the punishment the criminal will endure. The issue surrounding just deserts theory is the vast amount of offenders who return to prison after being released, also known as the recidivism rate.
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