...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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...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 In the state of California the three strikes sentencing law was originally enacted in 1994.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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...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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...|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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...Brilliant Thoughts Assignment - Three Strikes Laws 1) “Symbolic” Law – This idea comes up briefly but it is very important as it suggests sometimes law is created for (mere) symbolic reasons. Often this comes up following particularly emotional crimes (ex. harm to a child) when there is a large public outcry in the political realm. These cases of “symbolic law” are considered such because frequently there is law already in existence that would penalize the behavior but it was not enforced or enforced improperly – the idea that we don’t need more law, we just need to enforce that law in place already. Ex. Look for instances where this notion of symbolic law might be useful politically. The article The Impact of ‘Three Strikes and You’re Out’ (Austin et al), reviews the development of the Three Strike movement and the effects of the resulting legislation. Three strikes laws mandate tough prison sentences for repeat offenders of certain types of serious crimes. The reasoning behind them is that tougher sentences will create a deterrent from repeat offenses. The article takes a critical look at the creation of such laws and their enforcement, finding that often such legislation is symbolic in it’s creation and application. A symbolic law is one that is created for symbolic reasons. This means that the law itself does not really change the criminal justice system’s ability to penalize the crime. This can be because existing laws are already in place that...
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...The “Three Strike” Sentencing The “Three Strikes and You’re Out” law is a law that was passed by California voters in 1994. The Three Strikes law is sentencing laws that mandate a prison sentence of 25 years to life for violent offenders who have been convicted of three or more offenses. It is also a law that is systemized in 26 states throughout the country and the federal government. Violent offenses include murder, robbery of a residence in which a dangerous or deadly weapon is used, rape and other sex offenses. Serious offenses include the same offenses that are considered as violent offenses, but also include other crimes like burglary of a residence and assault with intent to commit a robbery or rape. The concept of this law is just like it is in baseball, the batter has two strikes before striking out on the third strike and then they are out. The purpose for this law is to not have repeated criminal offenders. This law keeps the criminals off the streets so that they won’t commit any more crimes. This law is also one of the most popular controversial laws because it imposes a mandatory life sentence without parole on offenders convicted of three or more crimes. It is the obligation of a life sentence for any felony conviction, no matter how minor the felony may be. Every crime is different and therefore, every punishment should be made according to the crime in which was committed. I believe that the “three strikes” sentencing should be abolished because it...
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...The Effectiveness of a Three-Strike law. In the criminal justice system there are 4 goals in sentencing one is deterrence, this goal is to try to help the lawbreaker see that once they commit a crime and sentenced to serve time, they are at the discretion of the penal system. Isn’t it better to be at your own home and doing exactly what you want to do? If you are an inmate you raise when told to, go to bed when instructed and every thing else they expect you to do. Incapacitation; means to put the criminal out of action, debilitate, because of this persons actions, they have been detained and cannot cause themselves or anyone else harm. Rehabilitation, there was a timing that this really meant they, the state, once incarcerated, are to teach the inmate a trade. This trade was to make sure that the criminal did no longer have to live a life of crime. Upon their release they would be able to be gainfully employed, or have the ability to open their own business they would be what society would call employable. This is one of the original plans of our correctional facilities. Unlike today, it just seems that it was converted into a warehouse for bodies. Retribution, the inmate would have to pay for what they had done to someone. In this state of New Jersey there are certain crimes that according to the law that the criminal would have to pay back, they would have to pay restitution. Last but not least in sentencing is reformation which goes hand in hand...
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...Proposition 36 California’s Proposition 36 seeks to revise the harshest Three-Strikes law in the United States. The Three-Strikes Law, which was passed in 1994, states that any person convicted of three felonies automatically receives a life sentence, no matter the degree of the third felony. The notion that was given when the law was passed was that it would only be enforced for violent and serious criminals, but recent cases in which some felons have been sent to prison for something as minor as stealing a piece of pizza, have proved otherwise. If passed, Proposition 36 will likely fix most of the concerns that those opposed to The Three-Strikes Law possess. Supporters of the proposition state that Proposition 36 will lower the number of prisoners in California State Prisons, reducing overcrowding, while also saving the State of California an estimated 70-100 million dollars annually, which could be spent to aid other problems that are currently affecting California such as education. However, those who are opposed to the Proposition argue that even with the revision of The Three-Strikes Law, it is still too automatic and the reduction of crime as a result of the law is insignificant. The concern that some have with the Three-Strikes Law for being too automatic, was an issue from the day the law was first drafted. Only 17% of the U.S. public, support mandatory sentencing under the Three Strikes Law without any consideration to the degree of the third defense. There are many...
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...Compare and Contrast Karen Hovenga CJA/464 August 12, 2013 Ruth Ebner The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence that...
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...Sentencing Paper Darby Wilson CJA/234 November 7, 2014 Yolanda Johnson 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. What are the state and federal objectives of punishment? There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that...
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...Alreona Lewis February 13th, 2014 Corrections MW 2-3:20 One of the most controversial laws in the efforts to reduce crime has been the "three-strikes" laws that have been enacted. In my opinion I believe that the three strike law is by far one of the harshest sentencing ever. I believe that the three strikes law is overcrowding the prisons reason being is because majority of the offenders have all committed less serious crime. When I visited the website I read that many inmates were locked behind bars for life for crimes such as petty theft, small amounts of drugs and etc. Though these people are not innocent for what they have done they should have a lesser sentence for the crimes. Instead of putting them behind bars for life they should do programs to show improvement in order to be back with society. The more people that are put in jail for minor crimes the more overcrowded the prisons will be. In California a misdemeanor can pushed up to a felony in some circumstances. For example there was a case not long ago where a man ordered a pizza and got really eager and yanked it from the delivery boy before paying. That counted as assault felony because the pizza boy actually fell down then theft because the man took the pizza before paying even though he paid afterwards which was upgraded to a felony. The man had two previous misdemeanors and is now serving life in prison. Murderers and rapist have a better chance than getting out than the man that was previously...
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...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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...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 with 22 other states in the following years. These Three strike laws...
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...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 Reynolds, as opposed to a policy maker, who lost his daughter in a robbery attempt, originally wrote the...
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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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