Essay Sample on 3-Strike Laws: A Response to Violent Felony Crimes

According to Walsh, (2007), the habitual offenders, commonly referred to as the three-strike laws implemented in 1994, were considered an anti-violence strategy to a severe violent felony. Notably, the law requires severe felony and two other previous convictions to serve a life sentence in prison. The three-strikes laws in California entail the criminal offenses that fall under the category of violence, including murder, kidnapping, sexual abuse, rape, and aggregated robbery (Walsh, 2007). It is imperative to note that several propositions have been put in place to revise the sentences when the new felony is convicted. In essence, the three-strike laws require a defendant convicted of any new felony having suffered prior conviction to be sentenced to the state prison for twice the term provided for the crime. Significantly, this paper intends to focus on describing a proposed policy with regards to the three strike law by analyzing the advantages and disadvantages of the community (Walsh, 2007).

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To begin with, the three strike reform act of 2012 forms the basis upon which the proposed developed policies are formulated (Clauwaert, & Schomann, 2012). I tend to introduce a system to shorten the sentence of the prisoners serving life terms for the non-serious and non-violent offenders. It is worth noting the fact that, a higher population of prisoners in the United Stated serve life sentences as a result of the stiff sentencing penalties described under the three-strike laws (Clauwaert, & Schomann, 2012). Apparently, the magnitude of the deaths accorded to the prisoners under the three-strike laws is considered to abridge of humanity, especially to the convicts at the age of 60 years. Conversely, the language used in this policy seeks to address literal, golden as well as the mischief rule needed to help interpret a statute. More importantly, this policy which aims to shorten the sentence of prisoners serving long term with small non- violent offenses should be adopted in the United States statutes at large. One the policy is enacted into law and approved by the United States statutes (Clauwaert, & Schomann, 2012).

This proposed policy seeks to address the concerns of the incarcerated individual, especially at the age of 60 years with the petty and non-violent offense. To the community, this policy intends to offer a considerate judgment, to the two or three time petty offenders. However, the three-strike laws are a variation of an old theme since the state has a permanent offender law and recidivist statute (Clauwaert & Schomann, 2012). For the effective implementation of this policy, the entire community must acknowledge the fact that the stiff penalties imposed on aged offenders should be reviewed in line with the federal sentencing guideline of mandatory minimum sentencing. Even though, the supporters of the three-strike laws claim that the laws have significantly reduced violent crimes. But the fact on the ground is that the second time offender who risks long jail terms is likely to be more forceful to police officers and the entire public. Therefore in support of this proposed policy of reduced duration of jail terms, especially to the aged, second time offender, the community is likely to get justice to the habitual minor offender.

According to the proposition of this policy, the state legislatures are compelled to acknowledge the negative effect of three-strike law among the population(Baker & Miceli, 2005). However, the criminal facing the prospects of mandatory life sentence is more likely to resists arrests, kill and maim witnessed as well as attempting the prison escape. Hence the law is expected to cause massive danger to the police officers, saw and the entire public. Thus a reviewed policy should be considered in the long run. On the other hand, the information the state legislation should attain concerning the proposed theory of reducing the sentencing period to the second and third-time offenders is that the cost is relatively high. On the same note, by sticking to the stiff penalties as proposed by the strike laws, the nation is likely to experience an increase in the prison population at an enormous cost to the taxpayers. Therefore, the serious crimes caused by over the age of 60 years are likely to drop tremendously with time(Baker & Miceli, 2005).

In addition, the considerate advantage is that the proposed policy which will reduce a sentencing period for the second time offenders is that the sentenced that will be accorded will match the crime committed (Frase, 2009). Imperatively, society is likely to benefit from the proposed law to reduce the sentencing period since many petty offenders are accorded life sentencing to an aged individual in the community. Tentatively, by effectively adopting the short term sentence as a proposed policy, the overpopulation in prisons are expected to reduce by more significant margin reducing the ultimate cost of management (Frase, 2009). It is also advantageous to accord short-term sentences to the non-violent offenders, such that they are only incarcerated for life in case of significant offenses as described by the federal regulations. Once the short term policy proposed in this research is enacted into law, the third felony arrests are then guaranteed known time and the short term policy as a recommendation described in this posits certain disadvantageous aspects which should be considered before the implementation (Ramakers, Nieuwbeerta, Dirkzwager & Van Wilsem, 2014). The three non-violent felonies may result in overpopulation, thus increasing the running costs within the incarceration centers. Besides, the short term sentencing may not be an effective deterrent to crime hence may not work well if the implementation is not in line with the regulations. Imperatively, this proposed law, once enacted, will allow the repeat offenders clog the rehabilitation centers since they are likely to take advantage of the standardized conditions. More importantly, the standardized sentencing guidelines will see the offenders go to jail without question for a specific period hence may violate human rights.

Similarly, the notion that short term sentencing as proposed policy, may not necessarily reduce the crime but can provide the opportunity for more criminal activities. Notably, this law has a more significant impact on deterrence as opposed to the sovereign of punishment itself. By considering supportive reasons, the short term sentencing for the re-offenders the approach will render justice more effective in the long run. Even though many consider the short time sentencing as a life-saving measure, but in the real sense, it is likely to cause habitual offenders in the long run. Unlike the long term strategy, the short term sentencing may deter effective rehabilitation and transformation among the offenders (Ramakers et al., 2014).

Conclusion

In summation, with regards to the three strike law in California, the life sentence for the aged re-offenders inhumane and the proposed policy of short term sentencing is considered adequate. Even though implementing the approach requires a proactive approach, once an adopted can reduce the overpopulation experienced in prisons.

References

Baker, M. J., & Miceli, T. J. (2005). Credible Criminal Enforcement. European Journal of Law and Economics, 20(1), 5-15.

Clauwaert, S., & Schomann, I. (2012). The Crisis and National Labor Law Reforms: A Mapping Exercise. European Labor Law Journal, 3(1), 54-69.

Frase, R. S. (2009). What Explains Persistent Racial Disproportionality In Minnesota's Prison And Jail Populations? Crime and Justice, 38(1), 201-280.

Ramakers, A., Apel, R., Nieuwbeerta, P., Dirkzwager, A., & Van Wilsem, J. (2014). Imprisonment Length and PostPrison Employment Prospects. Criminology, 52(3), 399-427.

Walsh, J. E. (2007). Three Strikes Laws. Greenwood Publishing Group.