THREE STRIKES LAW

Three Strikes Law

Three Strikes Law

Introduction

The Three Strikes Law (TSL) was initiated during a time of turmoil and nationwide outrage. Fear of repeat offenders and a rise in recidivism rates sparked a nationwide outcry for tougher methods to protect public safety (Wilson, 1997). The driving force of the legislative process to develop a plan on crime control and recidivism began with the 1992 murder of Kimber Reynolds, daughter of photographer Mike Reynolds. Kimber Reynolds was murdered in a 1992 purse snatching incident. The basic philosophy of these laws is that any person who commits more than two crimes can justifiably be considered incorrigible and chronically criminal, and that permanent imprisonment is then required for the safety of society (McClain, 1997).

“The passage of the Three Strikes Law was a result of an understandable reaction to violent crime rates as well as publicized tragedies” (Barr, 1995). “The purpose of the Three Strikes legislation was to reduce violent crime in America by ensuring longer sentences for repeat offenders” (McClain, 1997). The objective this paper addresses revolves around two questions: Was the original intent of the Three Strikes Law understood, and has the Three Strikes Law been effective in reducing violent crime and the rate of recidivism while exercising racial disparity in sentencing?

The TSL was put in place in 1994, when crime was high and people were receptive to tough-on-crime policies. Since that time, in part because of TSL, the California prison population has exploded, leading to less than adequate care for inmates and ultimately the latest ruling by SCOTUS. Now, Crime is on a downward trend and has been for several years. Every year thousands of inmates are released from state prisons and county jails and the crime rate continues to fall (David, 2003).

Discussion

The report of Criminal Justice Statistics Center states that during the pre-Three Strikes years of 1990-1993, the overall CCI dropped by only two point four percent as compared to the post-Three Strikes drop of thirty point eight percent from 1994-1997” (Jones, 1999). The argument of when the initial drop in crime rates occurred has always been an issue of concern when dealing with the impact of the Three Strikes Law on the decrease in crime rates. “An examination of the annual changes in the California crime rate suggests that the decline in crime began in 1993, one year before the adoption of Three Strikes” (Rand, 1994). The following table will show the annual changes in the California Crime rate from 1988-1996.

Table 1: Changes in the California Crime Index 1988-1996

Year

Total

Violent

Property

1988

1.0%

0.6%

1.2%

1989

3.5%

5.7%

2.6%

1990

-0.2%

6.9%

-3.0%

1991

1.8%

2.3%

1.5%

1992

-0.3%

2.2%

-1.5%

1993

-3.5%

-4.1%

-3.3%

1994

-6.5%

-6.3%

-6.7%

1995

-6.9%

-4.2%

-8.2%

1996

-12.6%

-10.8%

-13.5%

The Three Strikes Law (TSL) allows for the state to sentence three-time felony offenders to a life sentence. It does not matter whether these offenses are assaults or thefts, as long as they are a felony, they ...