California's three strikes law: humanizing criminal justice policy

Workplace Harassment

Policy Introduction

The way that a society treats its criminals is indicative of the moral character and worthiness of that society. While it is easy for us to ignore and disregard the criminals amongst us by leading them to prison and throwing away the key, an important lesson is lost in this disregard for the human experience. In California the intolerance of violent crime and action has led to the development of the Three Strikes Law, which was implemented in 1994. As a policy maker I am firmly opposed to this law as I find it to be inhumane, impractical, excessively expensive and carried out in poor taste with a snobbish attitude towards those of us who have temporarily lost our way. A new policy is needed that can help address the important facts and details particular to the State of California and its unique needs.

Prisoners are Humans

The victims of violent crimes are special people who have experienced trauma at a very intense level. Retaliation and revenge are expected, yet animalistic responses to such brutal savagery and it appears little is gained through this system generally speaking. The tendency to imprison people has become a serious problem and these problems resonate throughout society in many different ways. To fix this prison system it is essential that we take on a more reasonable, understandable and economic process that addresses what the true root causes of crime and punishment exhibit in a modern day society.

To fix this policy it is important to begin treating prisoners as human beings and not animals. Society has created an artificial scarcity of resources that relegates humans to the lowest common denominator too often as the poorest people in California look to sub-human ways to survive and negotiate their lives. What is needed is respect for the common man and his problems. Have we not all been criminals at one time? Are we throwing stones at glass houses as we reside in the largest glass palaces that humanity has every created?

Overpopulation of our prisons and our knee-jerk reaction to incarcerate instead of appreciate and assist people, is a spiritual and social problem that needs to be addressed within at the internal level. A more evolved and smoother system is needed now and there is no reason that a newly created policy on the state of California's prison system can be successfully implemented in attempt to heal our collective population and present a more human front to the world regardless of past transgressions and mistakes.

Proposition 36

According to Proposition 36 the Amendment to the Three Strike law's " the change was made to eliminate the ability of the court with certain exceptions, to send persons to prison for 25 years to life when the new felony is not serious or violent. Under the new law, if the defendant is convicted of a non-serious and non-violent felony, the court must sentence the defendant as a second-strike offender, irrespective of the number of his prior strikes. The sentence will be imposed in the traditional manner taking into account all current charges and enhancements, and applicable rules regarding consecutive and concurrent sentencing of multiple counts."

In a recent progress report concerning the effectiveness and efficiency of Prop 36 and its ability to address the issues, important information was revealed in the programs infancy stages of existence. At the time of the publishing of this report in 2013 it was noted that 1000 prisoners had been released due to the application of this new statute. While this a good way to start in many instances, it is barely a dent in the real problem at hand.

In addition to the 1000 paroled prisoners that were released there are 2000 prisoners who are eligible for relief under the new proposition but must wait to have their cases reviewed. The effects of over-incarceration are still present in these people as they are being released with little rehabilitation and hardly any resources to start a new life. While some may see this as a great opportunity to begin anew and challenge the individual into something greater, it must be admitted that most people in society are helpless without some direction or suggestion from a government or authoritative figure. In a society where self-reliance and independence is often shunned if not persecuted, a new attitude about this subject need to accompany and legislative maneuvering done by ineffective and corrupt governments.

Where I Stand

As a policy maker up for re-election is important to fully explain my position on the matters relating to the Three Strike Law that has only recently been modified by Proposition 36. While I am aware of my many constituents fears of violent crime and their concerns for seeing their tax dollars being spent in a productive manner, I feel it is important to strike a firm and clear balance on these issues.

Even as the population of California continues to grow, almost at exponential rates, the crime rates continue to drop. This may seem counter-intuitive to most people as the media will portray the world as a very violent and risky place that needs to impose coercive law enforcement to guarantee safety, but at its essence it is wrong. Even before Proposition 36 was introduced crime had begun to fall. According to the State of California Department of Justice Office of the Attorney General (2010), "Overall, since statewide crime peaked in 1992, crime rates in all three categories have been cut in half -- the rates have tumbled -58.9% for violent crime, -51.7% for property crime, and -48.5% for larceny and theft. In total, more than 1.4 million arrests were made in California in 2009, down from more than 1.9 million 20 years ago."

There appears to be a misunderstanding of the community we live in, and as a policy maker it is important that people know the truth and begin to look at the positive aspects of the justice system. Ironically since Propostion 36 had begun, a slight uptick in the crime rate in California has occurred. Cohen (2013) discussed the most recent data when he reported "In California, incidents of property crime have increased by 7.8% and the property crime rate per 100,000 Californians has increased by 6.8%. California has experienced a 3.9% increase in incidents of violent crime and a corresponding 2.9% increase in the violent crime rate."

These number should not be alarming, however it appears that the problem of crime still very much exists within the communities within the state of California. Policy is meant to guide and lead citizens into making the right choices. It is impossible task to regulate and govern each and every person so that zero crime exists. Leadership instead, should look at new ways of treating mistakes and employing the ideas of empathy and forgiveness.

The cycles of violent crime that haunt the offenders like nasty demons, possessing their souls to do the unthinkable reflects poorly upon society as a whole. As a politician up for re-election I am determined to spread the news about the ideas of redemption and rehabilitation into the prison system. I fully support and appreciate the basic workings and objectives of Proposition 36, but believe that it can be improved upon with a better understanding of the current situations at hands.

While the fight can be carried on by policy makers and administrators, the problem of the California State prison system must be addressed at a collective level if we are to expect any real progress in the state of the society we choose to consent our lives towards. Judges and attorneys of the court must assist in leading the cause and not look at prison as a tool. Rather, prison and incarceration should be the last resort for a society as a solution to the problems of crime. The true roots of crime must be examined in order to fully grasp what the most appropriate ways to mend the rift.

At the root of this issue is the idea of independence and liberty. For many, the idea of taking care of oneself is too much and prison becomes a good if not the best option for simply surviving and living. Although many California prisons are desperately overcrowded, many prisoners see stir as a way of making it through life. Shelter, food and health care, all basic necessities of life are available in prison making the streets of some of the ghettos in California a less desirable option. In the words of President Dwight Eisenhower "If you want total security, go to prison. There you're fed, clothed, given medical care and so on. The only thing lacking... is freedom."

Additionally, in some cultures, prison is looked upon as a badge of honor. Many organized and semi-organized crime outfits expect their young members to have street credibility which can be earned by going to prison. Some may argue that prison itself is the cause and root of the cycles of violence. Samenow (2011) agreed when he wrote "among prison inmates, the main topics of conversations in prison generally concern crime, drugs, and gossip about who will do what and to whom. Inmates boast about what they have done, and they hatch new schemes. Some commit crimes while incarcerated and plan new crimes that they will commit once they are released. Some engineer crimes that, upon their orders, others will commit outside the institution. They are termed "shot callers" or gang leaders whose influence reaches beyond prison walls."

Executive Summary

It is my opinion as a policy director that the best amends for the prison problems this jurisdiction and the rest of California are suffering from is a collective problem that needs to be addressed at many levels and must certainly require new attitudes and approaches in order for any of the proposed solutions to be effective. State prosecutors, in this policy should act in accordance with Proposition 36, but still keep in mind the best interests of the people by not abusing their power and making profit off prisoners. The temptation for officers of the court to work in their own best interests are very strong in this day and age of easy money and a change of heart at the highest levels appears necessary to guide the magistrates and judges of today into a new era of compassion and understanding that fits the new age of growth, evolution and unfoldment.

This is not a mandate to the people of California and my constituents who have the power to vote me in or out of office. Rather, this policy represents a total and holistic challenge to the old ways of doing business were the prison system can be used as a vehicle for corporate profits as they exploit the young and vulnerable in or society. The collective effort required must incorporate a new approach to fear and take note of the betterment of our society as it grows safer and more secure, regardless of media images and overblown rhetoric.