...Kyle Kern 3/6/14 CCS330 12pm Final Paper A Failed Crime Control Policy: Three Strikes Law The majority of crime control policies have positive intentions at first of reducing crime but many, if not all, fall short in making an effective and lasting change among crime rates. One of the largest shortfalls in policy creation and most popular idea in mandatory sentencing can be observed with the set of laws referred too as “three Strikes and you’re out” laws. The Three Strikes law is a statute regulated by state courts that imposes harsher penalties to repeat offenders within the criminal justice system. The commonly referred name of “Three Strikes” is taken from the game of baseball and the idea that after a batters third chance of swinging at a pitch, he is considered out of chances to bat. This analogy of a game is now being applied to determining sentencing of habitual offenders. In the majority of states who impose this type of law, strikes are considered previous felony convictions and after a persons third strike, or third felony conviction, they then fall under a mandatory 25 to life sentence. Being convicted of life in prison gives very little chance of probation. This costs the convicted their lives in prison, their family abandonment and the taxpayers millions of dollars every year. The first of these habitual offender laws was enacted in 1993 by the state of Washington called the Persistent offender Accountability Act and then in 1994 by the state of California...
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...Gary Ewing was sentenced to 25 years to life in prison for the theft of three golf clubs based on California’s three strike law(18). Ewing had already been out on parole from a 9 year sentence he received in 1993 for first degree robbery and three counts of residential burglary(17). He was released in 1999 and in March of 2000, he entered El Segundo Gold located in California and stole 3 golf clubs(18). He had been caught because an employee of the store had noticed “Ewing limp out of the pro shop” as the golf clubs were in his pants and contacted the police(18). Each stolen club had a value of 399 dollars(18). The three strike law applies to Ewing as this isn’t his first run in with the law(18). His criminal record started in 1984 when he...
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...|Critical Legal Issues | |Examining Three Strikes | |Evaluating the effectiveness of three strikes laws around the country. | | | |Harriet Krzykowski | |5/25/2009 | | The purpose of this paper is to discuss, evaluate and examine the preceding events and passage of three strikes laws in many of the country’s| |states, and the effectiveness of these laws. | In 1992, shortly following the murder of his 18-year-old daughter, Kimber, Fresno photographer Mike Reynolds drafted a law that would impose mandatory sentences for repeat offenders. It was proposed as both a legislative measure and a ballot initiative, but neither made much headway at first. According to Reynolds,...
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...The Three Strike Law The policy that I have chosen to discuss is the three strike law. The three strike law was created to handle problems that occurred with habitual offenders. Commonly known in the 1990’s era the three strike law increased prisons sentences of habitual offenders. The three strike law is a statue that allows the courts to impose harsh sentences such as life sentences to individuals who are convicted of three or more major criminal offenses. Habitual criminals automatically qualify for the three strike law because of the number of felonies they have committed. What makes this very interesting is the fact that mandatory life sentence that occur because of the three strike rule are not overruled by other judges. The three strike law is enacted throughout the United States to address repeat criminal offenders. Habitual criminals are more than likely sentenced to prison for life. One of the major reasons that habitual criminal are treated this way is because they pose a serious threat to the environment and society. Although it seems as if habitual criminals are treated harshly, they can petition for a review of his or her case with the Supreme Judicial Court. Crimes that are on the felony level qualify as serious offenses or violent crimes that could receive life sentences. The following are crimes that qualify as violent and serious crime: Murder, rape, robbery of residence that involve deadly weapons, and assault with intent to commit murder are all considered...
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...statistic and begins to raise some valid concerns, could it be that the United States court system is structured in a way that unfairly treats criminals? Or could it be that people in the United States just commit more crimes per capita than the rest of the world? The latter doesn’t seem like a plausible explanation, the United States and Canada are so similar it almost seems unrealistic to assume that the crime disparity could be so wide. That leaves us with the idea that the United States court systems unfairly treats criminals or just treats criminals harsher than any other developed country in the world. This thought is certainly very frightening and should be a concern for every United States citizen. Even though most people are good, law-abiding citizens, sometimes these good people make mistakes and when this happens they should face consequences appropriate for the crime that they committed. Giving someone a long sentence in prison for what would be considered a minor crime in other developed countries is cruel and unjust. It goes against what America stands for; freedom, the land of opportunity and second chances, and the chance to live the...
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...As noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release...
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...Article Rebuttal Unraveling the “Three Strikes law and making it unconstitutional is the primary focus of the Criminal Defense Clinic at Stanford Law School. Its founder Michael Romano States in his article “Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California’s Three Strike Law” (2010), his clinic believes the “Three Strikes Law” is unconstitutional and unfair punishment. Our argument we will make the case stating he is using fallacies to strengthen his argument. In California there are no class systems for felonies. Whether or not the felony is violent or not violent, California imposes a harsh sentence. We will give an overview of what “The Three Strikes” law are, the “Death Penalty” and our rebuttal. California's Three Strikes Law "is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies." California Criminal Defense Lawyers,(2013). This law "three strikes law" also known as the Three Strike Law, was enacted in California in the 1990s to allow harsher punishments for those that committed felonies more than once and to provide for relief of the crimes themselves. A felony is defined "as a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor" The Felony Law & Legal Definition (2013). Although a violent felony is defined as "a crime consisting of conduct that presents a serious risk of potential...
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...the Court in Miller V. Alabama, 2012). At its discretion, the Supreme Court selects which cases they choose to review. Some of the selected cases began in the state court system and others began in the federal court system. On June 25, 2012 the justices of the Supreme Court weighed in on the constitutionality of life without parole for juvenile offenders. The case was Miller v. Alabama and actually included another case, Jackson v Hobbs, as well (2012). Both were criminal cases involving 14 year old boys who were convicted of murder and sentenced to a mandatory sentence of life without parole (2012). In 2009, juvenile courts in the United States handled an estimated 1.5 million delinquency cases that involved juveniles charged with criminal law violations (Knoll & Sickmund, (2012). What made Miller and Jackson so special that the Supreme Court chose to hear the case was their age and the mandatory minimum sentence each of them received at the lower level jurisdictional court. To highlight the significance, a review of the two respective cases is necessary. Additionally, after reading this paper the reader will have a better understanding of what accomplice liability and criminal liability are, and the differences between the various elements of crime, and how liability and the elements of crime relate to the reviewed case. Evan Miller Evan Miller was 14-years old in July 2003 when he robbed and savagely beat Cole Cannon (De Vogue, 2012). After beating Cannon with their hands...
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...Once a person has either pleaded guilty or has been found guilty of a crime a judge must determine a sentence that they must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. Indeterminate and determinate sentences are the two primary models used throughout the united states. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a relesase authority to determine the actual time served. During the time of sentencing the judge sentences offenders to indeterminate sentences , with a minimum and maximum amount of time to be served. After the offender serves the minimum amount of time he or she is eligible for release by the parole board. The offender may serve the maximum sentence...
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... Jill Spriggs Alternative Solution Proposal There are hundreds of criminal justice policies floating around. There are even policies covering policies. Policies could be covering laws that are in place or rules and regulations of the criminal justice agency. Some policies are put into place after too many incidents have occurred. Some policies protect victims, witnesses, subjects, and the officers that enforce them. Not every criminal justice policy becomes a strong policy out of the gate. A lot of them were created as some alternative solution and then gradually made its way to becoming a policy. This paper will take a peek at the California’s three-strike law. In 1993, the first three-strikes policy was adopted through a ballot initiative, and it was until 1997 that the policy was enacted. Since then approximately half of the country and the federal court system have adopted this policy. Since a lot of offenders are repeat offenders, the three-strikes law is based on an increase in sentencing severity as to reduce recidivism through incapacitation and deterrence. The idea is that the most unreformed criminals deserve the most punishing of sentences. Each of state that practices the three-strike laws only shares it in name as the laws vary from state to state. Some of the differences that are present are what each state defines as the number and types of offenses (Mallicoat & Gardiner, 2014). In California a photographer by the name of Mike...
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...Ewing vs. California, 538 U.S 11(2013), is one of two cases upholding a sentence imposed under California’s three strike law against a challenge that it constitute cruel and unusual punishment in violation of the eighteen amendment. In the state of California the three strikes sentencing law was originally enacted in 1994. The essence of the three strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime. If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least twenty five years to life. The eighth amendment to the constitution...
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...highs due to the war on drugs campaign. I believe there are many workable solutions that can decrease the prison population in America. First, replace mandatory sentencing laws with more flexible and individualized guidelines. Second, reduce the three strike laws for nonviolent offenders. Third, relax the Truth-in-Sentencing Laws. Last, support community policing efforts. In 1986 Congress passed the anti-drug abuse at which was well intentioned established 5 to 10 year mandatory sentence is for drugs importation and distribution. A couple of years later President Reagan signed the Omnibus Anti-Drug Abuse Act granting the federal government authority to penalize all conspirators and drug related crimes regardless of their role. Believe it or not, most people locked up in the federal system are serving time for conspiracy charges due to drug distribution although nothing was found. By removing minimum mandatory sentences and replacing them with other guidelines, you give the judges more discretion to render a sentence they feel fits the criteria. Another way to reduce prison population is by reducing the three strike law for nonviolent offenders. For example, in California the three strikes law has many people in prison not because they committed a crime, but because they were given a third strike which landed them life in prison. You can commit two violent crimes and steal a...
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...United States Prison System: The War on Drugs The United States of America is no longer the home of the free. It is the home of the locked up and caged. How can this nation embrace the concept of freedom when over 2.4 million of its citizens are locked up in prison? How can Americans have the nerve to utter the words, “racial equality” when over 10% of all African-American men is incarcerated? How can we take pride in a nation that locks up its citizens that suffer from the disease of addiction? This should be an embarrassment to all Americans. The criminal justice system must be reformed and surrender the “War on Drugs.” According to the June 2008 Bureau of Justice Summary, Americans make up only four and a half percent of the world’s population yet boasts twenty-two percent of the world’s incarcerated population. According to the same report, the American Criminal Justice System imprisons six times more of its population than other free nations such as Canada, Australia, Germany, Spain, and Italy. America incarcerates ten times more of its population than Japan, France, and Finland. We have the highest rate of incarceration in the world, much higher than China, Russia, Iran, Cuba, and North Korea whom we consider fascias police states. The 2009 statistics reported in the Prison Index showed that one third of African-American men will serve time in prison at some point in their life. The Bureau of Justice statistics reported, “The number of inmates in...
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...1970s War on Drugs is one of the most important ethical issues that we face in today’s justice system. The War on Drugs is more important than others because it has many negative trickling effects from the shift to punitive policies. The War on Drugs has made America the leader in incarceration rates (Banks 2005:114). These high incarceration rates within America have also led to overcrowding, racial bias, increase in women in prison, and many other negative effects. The public does need to be educated on the negative effects from the War on Drugs in order to push for change in our punitive policies for non-violent drug offenders. In order to change these negative effects, America needs to get rid of mandatory minimums and the three strikes laws. These laws are placing many non-violent drug offenders in prison. These offenders are in need of substance abuse treatment in order to stop the vicious recidivism cycle. Wrongful conviction is another very important ethical issue that we are facing in today’s justice system. Wrongful convictions are very important when it comes to ethical issues because innocent people are being put on death row by our government. There are organizations with insightful information about this issue on their websites such as the Innocent Project. Wrongful convictions are becoming more prevalent due to the technology of DNA testing (Innocence Project website). However,...
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...Name Course Institution Introduction According to Lynch, (2008), racial discrimination in the criminal justice is said to exist when a part of ethnic or racial group within the control system is greater than the proportion of such groups in the general population. Unlawful racial disparity results from dissimilar handling of similar people by virtue of race. This may be attributed to overt trial basis or effect of factors that are indirectly linked to race. In some instances discrimination results from un-guarded, individual or institutional level decisions that are made based on race (Lynch2008). Context of the Problem According to statistics, the population of United States is made up of 13% Black population. Despite this as of 2009 blacks made up 28.3 percent of all those sentenced to life imprisonment 56.4 percent of whom were serving life without parole. Despite similar rates of drug use, Blacks are incarcerated on drug charges at a rate ten times greater than whites. Only 12% of people who use the drug are blacks, but Blacks constitute 38 % of those arrested for drug crimes and 59 % of those in state prison for drug crimes. Although both consume equivalent proportions of marijuana, Blacks are 3.73 times more likely to be arrested for being in possession of marijuana. In some counties, Blacks are 10, 15, even 30 times more likely to be arrested (Stuntz, 2011). Sentencing imposed on black males in the federal...
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