Californias three strike law

Posted: November 27th, 2013

California’s Three Strike Law

Question 1

It is in 1994 with the catchy Baseball name that the then President of the United States Bill Clinton received much applause When the bill was passed first in Washington, later in California. The bill was passed by the assembly in 1994 by 63-9 votes  while the senate passed the bill  by 27-9 votes  Today in all the twenty-four states and the federal Government have endorsed the three-strike law. This is highly publicized murders of Polly Klass (in California) and Diane Ballasiotes (in Washington). The Law has since stretched across the states like wild fire. Here is a review of the policy approach.

The California law went into effect where on the third strike any wrongdoer carries a sentence of 25 years to life imprisonment. In this, it limits the ability of the lawbreakers to receive a punishment other than prison term. It seems quite disproportionate, as most would reason that on the third account, a petty offense such as shoplifting might earn one close to 50years in prison or even more. Appeals have been made to the Supreme Court in such instances and the judges argue out that there is a possibility of parole if one is not denied parole.

The implementation of this new law has affected various prejudiced factors in which include the fear of crime, compassion for victims and their families It is a question to all has the three strike law led to the reduction on crime rate in the states? What are its costs? Has this law given substitute measures to it? Researchers have studied arrests, the decrease of offenders on the street and several other inclusive factors and have found that the benefits of this Californian law are significant, looking at the costs and if the law can be fully executed

It is much considered that if the state applied an alternative for the third strike in respect to much violent felonies. In a nutshell the three strike law  has been prearranged  by law for each new felony certainties, one can serve up to  80% of the sentence  if charged with prior violent offences , no possible parole is given to a felon whom on three accounts would  only result to  life sentence to  carefully calculated .

Question 2

Criminals, victims of felony criminals, the civil society all adopted the new law. Having a wide spread throughout America and gaining massive support. Different interest groups had a role to play in the three-strike role implementation. The county district attorney was one among those that spoke for the public’s interest. Cooley’s major cover in crimes was in Los Angels on Environmental crimes. Cooley adopted other procedures that would have helped him modify the Californian law it is in his strive for change that he left his office in 2006 for an electoral challenge in 2008.

For most of our nation‘s history. Families to amend three strike law received support from renown artists, most of which were rallying for the amendment of the Californian law. The numbers in percentages for felons were on the rise, families requested for donations or volunteers and allowed votes.

The California law went into effect where on the third strike any wrongdoer carries a sentence of 25 years to life imprisonment. All the inmates could hope for was a miracle if they are charged with petty offences. Hope was lost for the felons thinking the violent have their way in the street while they have to adhere to the harsh judgment on them. Inmates in the past and currently have even been struck by this law and given life sentences  for non violent offences as insignificant as stealing one dollar bills from parking  lots in loose change .

The Stanford three-strike project is the only credited firm   that has the legal capability to defend victims sentenced to life imprisonment. The project defends felons under then Californian law with lenient charges. It equally works with other organizations to help improve the harsh features of the law. The students take proceeding cases by actively getting involved in the cases and signing up seminars in complex criminal law.

According to Lawrence Brown, the executive director of the California district Attorneys Association claims that they are instances when life sentence despite It being anew nonviolent offence, no case has weakened the effective law

References

Rand Corporation. (1994). Three strikes and you are out: Estimated Benefits and costs of California Mandatory-Sentencing Law Research brief series. Retrieved from http://www.rand.org/pubs/research_briefs/RB4009/index1.html

Vitiello, M. (2004). California’s Three Strikes and we‘re out: Was judicial activism California’s Best Hope? Lexisnexis. Retrieved from https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=37+U.C.+Davis+L.+Rev.+1025&srctype=smi&srcid=3B15&key=61094163c4a4f6b43f385012dcf40259