Three Strikes
High crime rates are a societal problem that has changed the manner in which society functions. Recognizing the adverse effects that crime has on communities the state of California has implemented a three strikes law designed to deter crime particularly as it pertains to repeat offenders. The propose research will examine the effectiveness of California's three strike law as it pertains to deterring recidivism. Statistical data concerning crime rates and rates of recidivism following the enactment of the law will be analyzed and compared to the same statistic prior to the passage of the law. The results will examine the extent to which the deterrence effect has been effective as it pertains to the three strikes law.
Background
Crime is a major social problem throughout the country. More specifically criminals who are repeat offenders make up a substantial number of the individuals that commit crime. With this understood many, states throughout the nation have developed programs that attempt to deter people from becoming habitual criminals. These programs are based on the deterrence theory of crime. This particular theory asserts that
"the more certain and severe the perceived punishment for a particular crime, the more likely individuals are to believe that the crime is not in their best interest. Therefore, they will not engage the act. In this sense, deterrence theory may be placed beneath the umbrella of the theory of reasoned action and its extension, the theory of planned behavior (e.g., Ajzen, 1991). These theories seek to explain intention to behave in a general sense, whereas deterrence theory aims to predict a specific set of intentions; that is, those directed at lawbreaking (Strelan & Boeckmann 2006, 2912)."
The state of California implemented the three strikes law in March of 1994 as a type of legislation designed to deter criminals from repeatedly committing crimes. This legislation "was enacted as Chapter 12, Statutes of 1994 (AB 971, Jones) by the Legislature and by the electorate in Proposition 184 (A Primer: Three Strikes - The Impact After More Than a Decade, 2005)." Under this law there is a minimum sentence of 25 years to life for individuals who are three-time repeat offenders. The law pertains to individuals who have previous serious or violent felony convictions (A Primer: Three Strikes - The Impact After More Than a Decade, 2005). The Three Strikes law has been controversial because it drastically increases the sentences that some repeat offenders are given. For instance, "a defendant who has prior convictions for assault on a police officer and burglary of a residence, both considered serious or violent crimes. " This defendant is also arrested for receiving stolen property, a nonserious and nonviolent felony. Prior to the implementation of the Three Strikes law, he would have served a two-year sentence for the property offense. However as a result of the law, he would receive a life sentence (A Primer: Three Strikes - The Impact After More Than a Decade, 2005).
Goodno, (2007) explains that within the state of California the three strikes law was implemented as a response to the murders of young girls by career criminals. Indeed, in the early part of the 1990's the murder of two young girls increased the awareness of the citizens of California's to the problems of criminal recidivism. The first of the two murder occurred in 1992 when eighteen-year-old Kimber Reynolds was killed during an attempted robbery. The person who murdered her was a paroled felon whose criminal record included gun and drug charges. Following the death of Kimber, her father began to encourage legislators to implement more stringent sentencing for repeat criminals (Goodno, 2007).
In an effort to get tougher legislation passed Reynolds testified in front of the California Legislature in support of a bill involving the three strikes composition for habitual criminals. The bill called for sentencing of 25 years to life for repeat offenders. At the time the bill did not become law. However a few months after the bill was struck down Polly Klaas, who was twelve years old, was also murdered by an individual will a long criminal history. Eventually the Klaas murder became a major catalyst for the development and implementation of the three strikes legislation in California.
Since implementing the legislation, questions as to whether this program is working as a deterrent have persisted. Many argue that this program is too stringent and has done nothing more than increase the prison population. Many also assert that the problem of crime in California has only been decreased by a minimal amount and that such decreases would have been realized even if the state had...
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