The purpose of this paper is to analyze and discuss issues with the three strikes law. There are many issues, but for the purpose of this paper, four issues were analyzed and discussed. They are; [1] prison overcrowding, [2] cost, [3] fairness of sentencing, and [4] deterrence.
The three strikes law was enacted in 1994 and has made some impact on crime and the way the criminal justice agencies relate to that impact. The three strikes law has both a good and bad impact on the criminal justice system. On the one hand, it helps to get the dangerous violet felons off the street and make the streets safer for the public. However, it cost more money to house all the offender sentenced to 25 year without parole and those that get life …show more content…
The three strikes law was enacted in 1994. Its focus was to get three time violent felony offenders off the streets and behind bars. In the years prior to enacting the three strikes law violent crime occurred that were committed by offenders that had conviction for violent felony crimes and we're now back on the streets to reoffend.
How does the three strike law work? Moreover, to whom does it pertain? An offender that has been convicted two time of a serious violent felony is eligible to be sentenced under three strikes law. In the state of California, an offender that has two strikes and comes before a judge will sentence under three strikes law and given life in prison. The judge has no discretion.
In California and other states, the prisons are fill with not only three strikers but also offenders with two strikes. According to Helland and Tabarrok (2007) the defendant under the three strikes law with:
1. One strike is convicted of any subsequent felony will face an automatic doubling of the their sentence length on that conviction and cannot be released until 80 percent of their sentence has been …show more content…
According to Austin, Clark, Hardyman and Henry (1999); Jones (2012) the legislation was drafted to be primarily symbolic in nature with little practicality.
The ACLU argues that there is nothing new about the three strikes law. ACLU contends that it is just a variation of on old themes. The states have imposed stiff penalties in the past for repeat offenders.
Historically the three strikes law was enacted to remove serious violent offenders that with two prior violent felonies from society and send them to prison for a lengthy term. This was all done to protect society from violent offenders. However, over time the courts in for example California were sentencing two strike felons with subsequent felonies to 25 years without the possibility of parole.
Impact of three Strikes on Criminal Justice System
In order to discuss how the three strikes law has impacted the Criminal justice system there would need to be a comparison of several states. According to the Justice Policy Institute California out of all other states is the only state where a felony offense can trigger a three-strike sentence. Reports from the Department of Corrections show that 655 of inmates sentenced under three strikes law was imprisoned for nonviolent