Analysis of "The Lethal Effects of Three Strikes Laws" and "Three Strikes and You're Out"

Imagine living in a world without law and order! It is not plausible! The 'Three Strikes' Law' of California was enacted in the year 1994 with intention of sentencing a defendant or an individual with a conviction of a new felony. The law mandated that an individual can be sentenced to a prison term of 25 years or life imprisonment if he/she had a prior conviction with two or more strikes. Although the California law has become popular and contributed to declines in crime rates, its incapacitation effects against crime have been very minimal. This can be demonstrated by comparing and contrasting research findings on the success of the law on whether it alleviates violent crimes one hand, or it increases violent crimes on the other.

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While highlighting on the success of the law, Elsa Chan wrote, "Three Strikes and You're Out", published on 19th June 2008 in the Journal of Contemporary Criminal Justice. The writer notes that in 2005, the California Attorney General confirmed that a 46% decline in crime rate between the years 1992 -2002 was attributed to the Three Strike Law. Additionally, there has been a decline in crime over the same period in the United States. However, opponents to the above assertion think otherwise. Thomas Marvell and Carlisle Moody believe that 'Three Strikes Law' has increased violent crime. In their article titled, 'The Lethal Effects of ThreeStrikes Laws', published in January 2001 in the Journal of Legal Studies, they argue that recent research from the criminal justice department has proved that 10 to 12 percent increase in homicide in the short run is associated with the law while 23 to 29 % increase in homicide is associated with the law in the long run. Conversely, Chan, at one hand praises the law and shows how it has alleviated violent crime citing the decline in crimes; while on the other hand, the opponents to that school of thought see it differently. Marvell and Moody argue that long prison terms to convicts with prior records of felony leads to homicide. This leads to the murder of witnesses by such criminals due to the fear of being identified thus serving life sentences in prison. In addition to that, there is inadequate evidence to show that the laws have a direct incapacitation or deterrence effect on crime.

The opposition against the law notwithstanding, there has been a tremendous drop in violent crimes in California. Whether this can be attributed to the enactment of the law remains unclear. For instance, Chan explains that according to the Justice Department, the crime index in California started declining before the law was implemented. For example, the crime rate dropped by 10% from 1991 to 1994. Also, after the passage of the law, violent crime further declined to 43% from 1994 to 2003. On the contrary, Marvell and Moody cite recent studies that attribute the decline to factors like demographic change, strong economy and handgun use decline among others.

Conclusion

In summation, Chan applauds the Three Strikes Law for its tremendous success in the fight against crime in California. Evidently, there has been a gradual decline of crime from 1992 to 2003. However, Marvell and Moody hold that implementation of the law has led to increased cases of homicide California. The contradiction suggests there is need for further research on whether the law has increased or alleviated crimes.

References

Chen, E. (2008). "Impacts of 'Three Strikes and You're Out' on Crime Trends in California and throughout the United States." Journal of Contemporary Criminal Justice, 24(4): 345-370. Retrieved from:

https://doi.org/10.1177/1043986208319456DOI: 10.1177/1043986208319456Marvell, B. & Moody, E. (2001).The Lethal Effects of ThreeStrikes Laws. The Journal of Legal Studies, 30(1): 89-106. Retrieved from: https://www.jstor.org/stable/10.1086/468112?seq=1#page_scan_tab_contents DOI: 10.1086/468112