An analysis of the three strike law

The aging of the prison population over the past decade has the potential for significant fiscal consequences. What happens with one "strike" prior. At this time, it is too early to assess the impact of the measure on overall crime in California.

The Three Strikes law also has a second strike provision, which doubles the sentence for any felony conviction if the defendant has one prior serious felony conviction. This is not surprising since it is very poorly drafted, very long, and very technical.

History[ edit ] The practice of imposing longer prison sentences on repeat offenders versus first-time offenders who commit the same crime is nothing new, as judges often take into consideration prior offenses when sentencing. Bytwenty-six states and the federal government had laws that satisfy the general criteria for designation as "three-strikes" statutes—namely, that a third felony conviction brings a sentence of 20 to life where 20 years must be served before becoming parole eligible.

What About the Impact on Crime. Typically, the convicted offender will receive a mandatory sentence harsher than non-three strikes sentencing, often with the possibility of a life sentence. Thus, as the third striker population grows and ages-probably at least until the overall prison population will likely grow older, as well.

Amendment of these laws shall be done for the purpose of achieving the true intent of this law and that is to stop and prevent violent crimes and cut unnecessary spending in order to keep criminals incarcerated for life for third strikes on nonviolent crimes.

We recommend that the Council and Board report to the Legislature during budget hearings on a plan for such a monitoring effort.

Even those strikers who are in prison because their current offenses were nonserious and nonviolent have lengthier criminal histories than nonstrikers. Because of the increase in workload brought about by the Three Strikes law, some jurisdictions have augmented the budgets of their criminal justice agencies.

In reviewing the characteristics of offenders charged and convicted under Three Strikes thus far, we found the following: In particular, prosecution practices change over time as counties experience turnover of district attorneys and judges and as they develop new methods for handling Three Strikes cases.

There are thousands of offenders being charged under the provisions of Three Strikes. In addition, the department utilizes more double-celling, as well as double- and triple-bunking in dorms, thereby reducing the amount of construction that might otherwise have occurred.

Currently, the jail population in 28 counties, representing more than 70 percent of the state's total jail beds, are capped by court order. If you are interested in what is pending in the California Legislature on this or any other issue, you will find the State Senate and State Assembly web sites very interesting, informative, and useful.

The authority of a court to consider a prior conviction to be a misdemeanor, instead of a felony thus eliminating application of the Three Strikes law for a new offense. Although this decrease in crime might be attributed to the enactment of stricter sentences, Los Angeles officials speculate the drop in crime might also be related to better relationships within the community and better crime-predicting tools.

Monitoring efforts should include collection of data on processing of Three Strikes cases by local and state governments, effects on local and state criminal justice systems, responses and strategies employed by local governments to process the Three Strikes caseload increases, characteristics of offenders.

Historically, more than 90 percent of all felony cases statewide are disposed of through plea bargaining. The authority of the judge to ignore a prior strike conviction without a specific request of the district attorney.

While on its face, most people might see this law and think it makes sense: He earns no time off for good behavior or working. Is this a violation of the 8th Amendment to the Constitution.

The authority of the judge to ignore a prior strike conviction without a specific request of the district attorney. Many also claim that the law has created massive health burden on the state that has to deal with the increasing costs of an aging prison population.

The Three Strikes and You're Out Law

But such sentences were not compulsory in each case, and judges had much more discretion as to what term of incarceration should be imposed.

A defendant who is convicted of any new felony who has one "strike" prior known as a second striker must go to prison i. As inmates age, the cost of housing them increases due to age-related illness and the associated health care costs, as well as the security and transportation costs of moving these inmates between prisons and local hospitals.

Taking this into consideration, we estimate that the additional operating costs resulting from the Three Strikes law is about one half billion dollars annually. We discuss the backlog in our analysis of the DOJ later in this chapter.

As of the end of Januarythere were 4, persons in state prison for conviction of a second-strike, and offenders convicted of a third-strike. The Three Strikes Law has been a subject of much debate since its introduction as a regulation in The Three Strikes law was enacted in and is widely recognized as the harshest sentencing law in the United States.

“The State of Texas was the first State to enact such a law in Feb 22,  · The Three Strikes and You're Out Law On March 7,Governor Wilson signed into law AB (Ch 12/94, Jones) referred to as the Three Strikes and You're Out criminal sentencing measure. In November, the voters reaffirmed the measure by overwhelmingly approving Propositionan initiative that is essentially identical to Chapter In certain circumstance where the sentencing court finds that a second or third strike defendant falls outside the "spirit" of the 3-Strikes Law, the court may, either on motion of the prosecutor or on the court’s own motion, strike or dismiss one or more "strike" priors.

For example, the second-strike-only alternative would be 85 percent as effective as the new law. This has an interesting implication: Only 15 percent of the new law’s crime reduction effect will come from its most publicized provision — the third strike.

But for all the alternatives to the new law, the cost would drop more than the effectiveness. Analyses in suggested that the Three Strikes law would result in additional state prison operations costs of a few billion dollars annually byincreasing to $6 billion dollars annually by as the full impact of the law was realized.

The Influence of the Three Strikes Laws - The Three Strikes laws is a law that was first employed in the ’s and was established due to the public's dissatisfaction with.

Three Strikes Law - A General Summary An analysis of the three strike law
Rated 3/5 based on 71 review
Three Strikes Law - Sample Essays