Preview

Reforming California Sentencing Law

Better Essays
Open Document
Open Document
1101 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Reforming California Sentencing Law
Reforming California’s Sentencing Law

Hearing the words “three strikes, you’re out” probably invoke thoughts of umpires, baseballs, and pitchers in the minds of most. In California, if you are familiar with the legal system, “three strikes, you’re out” will likely give you a vision of thousands of inmates dressed in orange, sleeping on bunk beds inside overcrowded gyms. In November 1994, California legislators and voters made a major change to the California sentencing laws with Proposition 184. This proposition better known as the “3 Strikes Law” has long been a controversial topic in California. It has spurred debates as to whether it is considered cruel and unusual punishment for the thousands of repeat offenders sentenced every year. Proposition 184 is a cruel punishment for the thousands of inmates packed into state prisons, and the taxpayers spending billions to keep them there. Over the years legislators have sought a way to reform the 3 strikes law. In November of 2012, Proposition 36 was enacted as an initiative designed to preserve the original idea. The idea was to impose life sentences on serious and violent offenders without imposing excessive sentences on non-violent offenders. As California searches for ways to decrease the recidivism rate of serious and violent offenders, we have to consider the current laws and the impact these laws have on the state of California. Currently 4,000 men and women who are serving terms of 25 to life in California state prisons are non-violent offenders. Among these offenders are those who committed acts such as; stealing a pack of batteries or socks. Crimes that in most states would warrant only a slap on the wrist, instead of the life sentence you would receive in California. In 2004, 26% of the prison populations were non-violent offenders serving a life term (Miles, 2013). Under the 3 strikes law, offenders who had no prior violent offenses were sentenced to a mandatory minimum sentence of 25 years.



References: Blumenfield, B. (2011). The Daily Californian. Retrieved from http://www.dailycal.org/2011/11/01/enough-with-getting-tough-on-ca-prisons/ California Courts: The Judicial Branch of California. (2013). Retrieved from http://www.courts.ca.gov/20142.htm California Proposition 36: 3 Strikes Reform Act. (2012). Retrieved from http://www.fixthreestrikes.com/profiles Legislative Analyst 's Office. (2005). Retrieved from http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm Miles, K. (2013). Huffington Post. Retrieved from http://www.huffingtonpost.com/2013/09/11/inmates-released-early-california_n_3901363.html Skolnick, A. (2011). The Fiscal Times. Retrieved from http://http://www.thefiscaltimes.com/Articles/2011/02/09/Runaway-Prison-Costs-Thrash-State-Budgets Stanford Law School. (2013). Retrieved from http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project/three-strikes-basic

You May Also Find These Documents Helpful

  • Good Essays

    AB 109 and AB 117 were introduced to ease the pressure of the federal and state budget through saving costs on the penitentiary system. In this regard, the reduction of the prison population and the transfer of a part of the prison population to county jails was one of the main provisions of AB 109 but AB 117 actually discharges provisions of AB 109. Such a paradoxical situation is the result of scarce financial resources to fund the penitentiary system at both the federal and local level. In order to reduce the pressure on the penitentiary system at the federal level, the decision to transfer the prison population to county jails or to release the prison population sentenced for minor crimes. Thus, AB 109 was introduced. AB 109 implied the transfer of a part of the prison population to county jails and release of inmates sentenced for minor crimes. To define those inmates, who could be released, the state authorities attempted to categorize inmates depending on their crimes and sentences. In such a way, they attempted to identify the least publicly dangerous group of inmates that could be released to ease the pressure on the federal and state budget.…

    • 895 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    California has three sentences for murder on is 25 years to life, life without parole, and most of all the death sentence.…

    • 390 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The three strikes statutes are seen as a way to combat the nation 's crime problem. After Polly Klass was…

    • 946 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    Beginning in the early 1990s, states began to enact mandatory sentencing laws for repeat criminal offenders. These statutes came to be known as "three strikes laws," because they were invoked when offenders committed their third offense. By 2003 over half the states and the federal government had enacted three strikes laws. The belief behind the laws was that getting career criminals off the streets was good public policy. However, incarceration of three strikes inmates for 25 years to life would drive up correctional costs. The U.S. Supreme Court has upheld three strikes laws and has rejected…

    • 234 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    3 Strikes laws demand double the standard prison term for a second felony conviction, and mandatory sentences of 25 years to life for a 3rd conviction. For an example of this law in action, lets look at a few hypothetical criminals. Our first villain, lets call him Jerry, is an 18 year old caucasian male from Olympia. He is convicted of armed robbery after holding up a convenience store. After agreeing to a plea bargain, Jerry is sentenced to 2 years in state prison and 3 years probation. Most would agree this is a fair sentence. 6 years later, Jerry is charged with 2nd degree assault after breaking another mans jaw in a fight at a minor league baseball game in Tacoma. His friend Tom is also charged with 2nd degree assault after hitting an innocent bystander with a beer bottle during the same fight. Tom receives a 3 year sentence, followed by a years probation. After a jury trial, Jerry is sentenced to 8 years in prison for the same crime. Why, you may ask. The answer is simple. 3 strikes laws demand that because Jerry has a previous felony conviction, although more than half a decade previous and completely unrelated, he is subject to double the standard sentence for his “2nd Strike”.…

    • 1450 Words
    • 6 Pages
    Better Essays
  • Good Essays

    “Three strikes and you’re out”. This is the all too familiar term we are used to hearing in baseball and in the rules of the law in some states. Most heard of in California. Three strikes sentencing were adopted in 1994. It imposed longer prison sentences for repeat offenders. The law requires a person who is convicted of a felony and who previously has been convicted of one or more violent and/or serious felonies. The main feature of the Three Strikes law is the imposition of a life sentence for any felony conviction, no matter how minor, if the defendant has two prior "serious" felony convictions. "Serious" felonies are defined by the California Penal Code and range from murder and rape to non-confrontational residential burglary and purse-snatching.…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The three strike law became very popular in the 1990s. These statutes are enacted by state government and require the state court to hand down a mandatory and extended sentence to a repeat offender that has committed two or more previous offences. Between 1993 and 1995, 26 states and the federal government passed three strikes laws. The lawmakers were forced to take a second look at the punishment of repeat offenders after the kidnapping and murder of 12-year-old Polly…

    • 884 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Three Strikes law

    • 539 Words
    • 2 Pages

    Some people may argue if the “Three Strikes and You’re Out” law is even effective or not. Studies have shown that this law is not very effective. The crime rates have not dropped much since the law has been enacted and there hasn’t been much of a difference made. The crime rates have been decreasing at the same rate in every state for the past twenty years regardless of this law. I think this law is fair when it deals with putting repeat rapists, robbers, and murderers away for a long time but is not fair when it comes to putting petty thieves and drug users away for 25-years-to-life. This law can also be seen unfair because other states require the third "strike" to be a violent or at least a serious felony for the harsh mandatory sentence but California allows third crimes normally classified as…

    • 539 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Three strikes laws have been the subject of extensive debate over whether they are effective. Defendants sentenced to long prison terms under these laws have also sought to challenge these laws as unconstitutional. For instance, one defendant was found guilty of stealing $150 worth of video tapes from two California department stores. The defendant had prior convictions, and pursuant to California's three-strike laws, the judge sentenced the defendant to 50 years in prison for the theft of the video tapes. The defendant challenged his conviction before the U.S. Supreme Court in Lockyer v. Andrade (2003), but the Court upheld the constitutionality of the law.…

    • 420 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Three Strikes Law

    • 751 Words
    • 4 Pages

    While the practice of imposing longer prison sentences on repeat offenders than on first-time offenders who commit the same crime is nothing new in American states (since the 19th Century, New York State has had a Persistent Felony Offender law that continues to this date), these sentences were not always held mandatory in every case, and judges exercised much more discretion in what the length of the sentence would be. In 1993, Washington State passed the first true "three strikes" law, which contained virtually no exceptions to this law. One year later, California adopted this law (approved by referendum in that state) and the “three strikes” idea spread swiftly to the other states. By 2004, 26 states of the 50 U.S. states as well as the federal government had laws which resembled or otherwise satisfied the basic requirements to be called a "three strikes" law - primarily, a person convicted of a third felony conviction will be sentenced to life in prison, with no possibility of parole until a long period of time, most commonly 25 years, has been served.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Three Strikes Law

    • 1327 Words
    • 6 Pages

    According to The American Heritage Dictionary, law is defined as the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision or the controlling influence of such as rules that the condition of society brought about by their observance (481). However, there is a very unique law that borrowing its name from baseball. Which is the three strikes law, it imposed mandatory minimum sentences for individuals who have been convicted of three felony crimes that were committed on three separate occasions. According to Bazelon, the ideology behind the three strikes law is that individuals who commit more than two felonies are chronically criminal and therefore pose a threat to society. Three strikes law advocates, as a fair punishment and a benefit to society, thus view incarcerating these individuals for lengthy prison terms or the rest of their lives (2). In 1974, Texas was first state that enacted three strikes law. Following year, Washington enacted and California, Colorado, Connecticut, Indiana, Kansas, Nevada, North Dakota enacted in 1994. Furthermore, in 1995 and 1996, fifteen states are also enacted the three strikes law (Crane 1). As crime and violence increased in the United States, citizens began to feel powerless. Terrorized in their own neighborhoods by criminals, who go in and out of the legal system, people began to believe there was no justice for them. Ironically, many people feared so much the gangs, drug dealers, pushers, and hustlers of the streets. An enormous outcry came about, requesting the government to fix the increasing crime rate. The answer to this dilemma came in the form of the three strikes law. According to Jabali-Nash, proposition 184, also known as the three strikes law, was passed on November 9, 1994. The proposal had portion of the population supporting it at the ballot boxes. With a 75…

    • 1327 Words
    • 6 Pages
    Good Essays
  • Good Essays

    For example, as discussed by Alexander and Gyamerah, the mandatory minimum sentence for crack cocaine is much more severe than that for powder cocaine. This poses a greater threat to Blacks than to Whites. Likewise, the 3 Strikes Law, which significantly increases the severity of the punishment at the 3rd offense, is more threatening to people of lower class because such individuals are more likely to be caught for their actions due to higher police surveillance. One of main challenges that parolees face in their attempts to stay out of prison is recidivism – getting arrested again and sent back to prison. This challenge arises from a number of other challenges including the difficulty of finding housing, findings jobs and the strict conditions of parole.…

    • 540 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Sentencing Proposal

    • 1139 Words
    • 5 Pages

    The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…

    • 1139 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Have you ever wondered where and how our tax money being spent? We pay taxes for services that we all benefit from as a community. Things like roads, law enforcement, libraries, transportation systems, to live comfortable and safe. However; a very big chunk of that money goes towards prisons and jails. California’s current prison budget is almost $10 billion dollars (Jerrod). Even this sum is not enough to incarcerate all of the offenders. California will need an additional two to four billion dollars to address the overcrowded problem (Hayes). This does not necessarily mean that the crime rate has increased, this just means that politicians need to change the way our prison system works. In the end we are the ones paying for everything. Statistics have shown that the crime rate has decreased over the years but prison population continued to grow (Mayeux). This has started since 1980s when California released a series of strictest mandatory sentencing laws and stringiest parole policies in the nation (Young). These actions have increased prison population by 700 percent since the 1980s (Young). All at the expense of taxpayers which costs us $32 billion dollars yearly nationwide and keeps growing (Kieso). Government cut budgets for education but they keep adding money to correction and rehabilitation sector (Mayeux). Prisons are overcrowded to the point that Supreme Court ordered our state to release 46,000 prisoners because there is just no room for them (Jerrod). Purpose of this proposal is to provide more information on this issue and propose a solution to reduce prison population by reducing the numbers of secondary offenders and going for the root of the problem.…

    • 2751 Words
    • 12 Pages
    Good Essays
  • Good Essays

    In California, New York, and Michigan, there’s been a history of imprisonment rates, and all over the United States. Many of the prisoners are in there because of the lack of their actions and the way of choosing decisions life brings upon them. Also how does it affect the new way of their lifestyle in prison and best believe their morals too, or how confident they feel about themselves in prison. Cities like Chicago, New York, and Detroit have been indeed affected by society, but the rates can be stabilized.…

    • 161 Words
    • 1 Page
    Good Essays

Related Topics