Three-strikes law as a deterrent to crime

Three-strikes law as a deterrent to crime

Introduction

The purpose of this study is to expand the boundaries of our knowledge by exploring some relevant information relating to three-strikes law. Few criminal justice policies evoke more debate and discussion than the enhanced sentencing provisions commonly referred to as “three strikes and you're out” laws. These laws have become a point of contention for criminal justice practitioners, researchers, activists, and attorneys concerning the justice and injustice of these sentence enhancements. The three-strikes sentencing policies, which became popular in the United States in the mid-1990s, enhance the punishment for repeat offenders by triggering a mandatory prison sentence for those individuals who have been previously convicted of a serious or violent felony; the sentence is significantly higher for repeat offenders versus first-time offenders committing the same act. The purpose of these laws was to increase the length of time that dangerous offenders such as rapists and murderers spent in prison for a third felony. The provisions of the three-strikes laws vary from state to state, with California's version of the law providing the harshest penalty for repeat offenders, regardless of whether or not the third felony was violent or serious (Worrall, 2004). In the next section, the author will examine whether the theory is a crime prevention or a crime control problem, moreover, the pros and cons on the issue will also be discussed.

Discussion

Typically, a three strikes law require that if a person has committed three crimes, he should be sentenced to life imprisonment with the possibility of parole after serving at least 25 years. The phrase "three strikes" is also used in relation to copyright infringement using the Internet. The basic idea is the same: After two offenses that are punished lightly (usually with warnings), followed by the third time a drastic punishment. Families and community members living would be affected. In addition, Internet telephony would also no longer be possible (Schultz, 2006).

In criminal law, the three strikes law refers to the situation, when after two convictions for a crime, life sentence is imposed on the third time. An early release for good behavior in prison is usually possible only after 25 years. Such laws now exist in 25 U.S. states and the law is mainly used in California (Worrall, 2004).

Pro: Arguments in Support of Three-Strikes Laws

Spporters of this law are of the opinion that the criminals would be reluactant to commit further crime, when they get to know that the crime they commit might result in imprisonment for twenty five years. This measure will create fear among the criminals and they will be demotivated to commit any further crimes. It has been observed that implementation of three strikes laws in certain areas i.e. California, has resulted in a sharp decrease in crime rates. Among the most common crimes in this category are: robbery, theft of vehicle parts, kidnapping, sexual abuse, murder, drug trafficking and bank robbery among others. Any person who commits such crimes ...