Three Strikes You're Out! Fair? Unjust? Effective?

Beef Percentage - Three Strikes You're Out! Fair? Unjust? Effective?

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The three strikes law has caused gargantuan controversy since the 1990s. Does it work properly as intended? Does it unjustly punish repeat petty offenders? Is it literally vital or can this decision be made by a judge? The three strikes law has now been in consequent for 13 years. It came into existence due to two gruesome crimes: 12-year-old, Polly Klass was kidnapped and murdered by a parolee and the murder of 18-year-old Kimber Reynolds. Mike Reynolds said originally citizen "laughed off" the portion when it was first brought to them in 1993, but after the Klass case, "you either got on board or you got out of the way"

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In the years since the law was in effect, it has literally sent thousands of robbers, rapists, and other violent criminals to prison for a minimum of 25 years to life, but it has also slammed the prison gates on many petty offenders after committing a more serious prior crime. California (Ca) introduced the law in 1993 after 72 percent of voters voted in favor of Proposition 184. The initiative proposed had the title three strikes and 'you're out' referring to life imprisonment after three felonies have been committed. The law states that whatever who has committed two serious or violent felonies, or strikes, and is convicted of any third felony will receive a mandatory 25 years-to-life without the possibility of parole in expanding to the punishment the crime committed carries. Only the prosecutor has discretion over either or not the third felony should be determined a strike. It is inherent for a defendant to be expensed and convicted with two third strikes in a particular case, which means that the defendant will be given two detach sentences that run consecutively (instead of 25 years the criminal will now be sentenced to 50 years to life in prison). It is also inherent for the defendant to receive a second and a third assault or first and second assault from a particular criminal act.

California has set the thorough for the rest of the states to follow. However, California has tailored the law uniquely. It requires when convicted of a second serious or violent felony, the criminal receives duplicate time than that received for the first conviction. Thus if he/she is convicted of a second rape and served six years for the first rape, he would minimally serve twelve for the second conviction. The third assault could be any felony as long as the criminal has committed two prior serious or violent felonies. The third assault carries a mandatory 25 years-to-life sentence on top of what the crime they committed carries. In these cases it does not have to be the same crime as long as they are both determined to be violent or serious felonies. Some of these crimes include; murder, rape, manslaughter, aggravated assault, out of state kidnapping, continuous sexual abuse of a child, penetration by a foreign object, and any felony that carries a life or death sentence.

Crime in California after the first six years of the three strikes existence dropped 41 percent, compared to a 22 percent decrease nation-wide. The law only carries consequent if the crimes were all committed in the same state. Opponents of the law say California's crime rate started declining in late 1991 and continued downward at the same pace after the law was in effect. Also, in places such as San Francisco, where prosecutors enforce the law less than any other urban counties, crime rate has decreased more than three times as much as in Sacramento County, where the law is used practically 12 times as often. A critic of the law says prosecutors payment no more then one in ten inherent third strikers, and in general use the law as a deferent to crime and to citation tougher plea bargains. If three strikes was truly a factor the counties that used the law the most would caress the many drop in their crime rates, but the crime rates have dropped at higher rates in the counties that use the law less sparingly.

On November 7, 2000, 60 percent of California's voters supported an amendment to the statute (offered in Proposition 36), which scaled the law back by providing for drug medicine instead of life in prison for most of those convicted of possessing drugs. On November 2, 2004, the voters rejected an amendment (offered in Proposition 66) that would have required the third felony to be classified as "violent and/or serious. practically 5.5 million Voters (47.3 percent) voted in favor or proposition 66, but 6.2 million voters (52.7 percent) voted no.

After the three strikes law was initially passed, offenders were prosecuted for many low level crimes in order to prove that the legislators were going to be tough on crime, and that the law was serious. Since 1996, the amount of life sentences given out has dropped significantly, and so has the amount of large sentences. Consequently the prison rate has been lowered and since 1996 it has been declining practically every year. This decline can be attributed to greater selectivity by prosecutors, a normal drop in crime, or the fact that many repeat offenders are now behind bars and cannot commit crimes.

More than half of those convicted of violent felonies in large urban areas between 1990 and 2002 had prior convictions. Nearly 4 in 10, had some type of prior felony conviction, while an added 18 percent had a prior misdemeanor conviction. 15 percent were guilty of a prior violent felony - murder, rape, robbery, and assault. Rapists were the least likely to have a prior conviction. When it comes to judge cases, most violent felons, 88 percent plead guilty. Of these offenders 59 percent were represented by a social defender, who works for the state. California paroles 125,000 inmates a year and 71 percent are back in prison within 18 months. Thus, by putting in the three strikes law it takes these occupation criminals off these streets and studies say it saves two million citizen from becoming victims. Nearly all the violent felons were male, 91 percent, and 41 percent were black.

The three strikes law seems to be unjustly punishing other races more oftentimes then whites. African-Americans assault out 12 times when compared to Caucasians. This rate is peculiar inspecting that 28 percent of citizen are in prison are white and 29 percent are black. Latinos assault out 78 percent more often then whites, and only outnumber white in prison 37 percent compared to 28 percent.

In 1994, opponents of the three strikes law made five predictions as to the effects of the nation's toughest crime law. Firstly, California prison citizen would duplicate in five years, reaching 250,000 but in fact, the prison citizen has remained constant. Prior to the law, California's prison citizen wide 400 percent. Secondly, California would need to build 20 new prisons. Ten years later no new prisons were built and in the ten years prior to the law, California had to build 19 new prisons. Thirdly, crime reductions would be minimal at best. California has seen the longest and many drop in crime in those ten years since records started being recorded. California's crime has dropped and its citizen has increased by one-third of what it was in 1993. Fourthly, more courts would be needed due to the clogging by defendants taking their cases to trail, but literally no new judges were needed. Lastly, there will be more deaths of police officers having to catch more desperate criminals. While the eight years prior to the law, 45 officers were killed in the line of duty, while in the first eight years after the law, 50 were killed in the line of duty. either pure coincidence or as a consequent of the implementation of the three strikes law, only one of five predictions, for those retention an oppositional stance, proved correct. The death of police officers has increased, but only marginally.

Crime in California, since the three strikes law was passed, declined at report pace. Crime has declined more than duplicate the rate of the nation. Supporters of the law claim that citizen are realizing if they do not straighten up they will go to prison for a long time. While protestors are saying crime in the nation is declining, and thus because California has 30 million people, twice as much as the next state, New York, which has nearby 15 million people, it plays a major role on what happens to the nation's crime rates. In the first five years of the law's existence, crime decreased 32.7 percent. Not only has the trend continued years since, it has dropped at higher rates. Over the nation, crime rate experienced only a 13 percent decrease and this takes in consequent California's drastic drop. Crime rates continue to decline at these paces even, though California's citizen has increased by one-third. Crime in California went from a higher rate nationally to lower than the national rate.

The three strikes law was purposed to target California's most violent criminal offenders, but ironically nonviolent sentences outnumber violent sentences two to one. Nearly 65 percent of those convicted of second or third strikes were serving time in prison for nonviolent crimes. Over 600 third strikers are serving 25-to-life for drug possession, a amount that is greater than the amount of third-strikers in prison for second-degree murder, assault with a deadly weapon, and rape combined. Only two ex-felons were serving 25 years-to-life for petty theft a decade ago. This amount soared to 354 in 2002. There are over 42,000 inmates serving three strikes sentences. This amount is one fourth of total amount of inmates. The cost of their incarceration will be eight billion more than it would have been if the three strikes law was never passed. Nearly five billion will be spent on nonviolent offenders, but remember in order to be sentenced under three strikes law, the criminal must have two prior violent or serious felonies. Many prisons are filling up with numerous lower-level drug dealers and petty criminal offenders. It costs the state of California and every other state about ,000 per prisoner per year. In expanding to the cost of incarceration, the employees also need to be paid. California's state funds though, has doubled while crime rate have been cut in half.

The United States supreme Court continues to stand by the law. On March 5, 2003, they court held by a 5-4 vote that three-strike sentences do not violate the Eighth Amendment of the U.S. Constitution. On this same day the Court upheld two three strikes law convictions. Since California passed the law in 1993, 26 states have adopted or adapted some form of the three strikes law.

Critics have argued that the law violates duplicate jeopardy. Most judges do not take this seriously. In the majority of U.S. Courts, it is thorough that defendants are not at risk of duplicate jeopardy because they are not being retired or punished again for the same set of facts from the earlier convictions. The existence of these prior convictions is being used as evidence of the defendant's character in order to enhance the sentence for the third conviction. They have also upheld the constitutionality of using the fact of prior convictions as a factor in determining the severity of a sentence.

Since the implementation of the three strikes law nearby fifteen years ago, vital changes have occurred. Most of these changes proved to be useful to society. However, other still strongly oppose it because of the few exceptions where the criminal faces extended incarceration for nonviolent crimes. The supreme Court and voting social believe the benefits strongly outweigh the instances where the law negative effect. For years to come this topic will be debated and amended.

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