Three Strikes You're Out Law

Three Strikes You're Out Law Three Strikes and You're Out laws have been enacted by more than half of the states in the union. After a criminal has been convicted of three felonies, he is put in prison for life. or, in other words, after three "strikes," they are "kicked out" of society. In some states, these statutes are called "habitual offender" laws that are used only in sex offender or repetitive DUI cases. And in other states, the offender may receive a long prison term, but not necessarily life.

Pros Those who support the laws use the following arguments: It keeps felons who have proven they are dangerous to society anyway, off the streets and in jail. There is anti-three strike sentiment when discussing those random cases where it seems too harsh, but overall, three strikes keeps dangerous criminals in prison. There is a deterrent factor in swift and certain judgment and punishment.

Because it is unfair for a few, we should eliminate it for the thousands of felons it keeps us safe from? It's unfair? So I should allow you to blow your cigarette smoke in my face and harm me because it's not fair to the person who smokes but not around others? Con Those who oppose the three strikes laws use the following argument: They are unfair because some of the crimes that cause life terms are not that serious.

Many of those sent away for life didn't commit violent crimes because the statue in their state includes non-violent crimes in its legislation. They are not a deterrent and do not reduce crime. They disproportionately impact Blacks and Hispanics. It does not allow for judges to be flexible with sentencing. They fill our prisons and cost taxpayers millions of dollars. It violates the 8th Amendment to the Constitution -- cruel and unusual punishment.

Plea bargains are used by lawyers to bypass heavy case loads and clients are not aware they can be used against them in the future for three-strikes. Fair and Effective? Today, 7,500 inmates are serving life sentences under three-strikes. Almost 60% of those are for non-violent crimes. Only 102 of the 7,500 have been given life for second-degree murder or manslaughter -- in other words, violent crimes. The law is not locking away the hardened, violent criminal for which it was intended. There are only questionable statistics that show it has reduced crime.

In addition, there are deep racial tones to the inequality of sentencing. Blacks have been sentenced to a disproportionate number of life terms in comparison to whites by a large margin. My response to this question is no, it is not fair and effective. Crime Rate Dropped in California since Three Strikes? Yes, it has, by a significant amount according to the California Crime Index (CCI) which measures four violent crime levels and two property crime levels to determine if overall crime is up or down.

From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (Beres and Griffith 106). However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation.

And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered. Similar Laws in other States? Twenty-eight states have three-strike laws. Most are "similar" to California's. However there is one major difference. In California, the controversial three-strikes law allows the third strike to be any felony whether violent or not.

And the sentence is a mandatory 25-to-life. It is particularly harsh and has led to serious constitutional cases claiming cruel and unusual punishment. Criminals who committed burglaries years before (strikes one and two) and.