One weekend in June of 1992, Kimber Reynold arrived at home to go to a wedding, she was eighteen years old. After the wedding, Kimber and her friend decided to go out to eat and later drive home, where they meet Joe Davis and Douglas Walker. When the two men went to rob the young ladies, Gladwell states, “He pulled out a .357 magnum handgun and placed it against [Kimber’s] right ear. She resisted. He fired (233).”…
Throughout the years, there has been much controversy weather The Three Strike Law is cruel and unjust, while judges have been giving disproportionate sentences. “The Eight Amendment to the United States Constitution is part of United States Bill of Rights prohibiting the federal government from imposing excessive bail, excess fines, or cruel and usual punishment, including torture.” Was the Three Strike Law unconstitutional? Was the intent to get violent repeat officers incarcerated for a long period, or to get all offenders with three strikes off the streets? Due to the Three Strike Law judges have been given disproportionate sentences in years.…
The California Three Strikes Law is an example of a mandatory sentencing policy. The law states that a person who commits a serious felony after two or more “strikes” will be sentenced to minimum of twenty-five years to life in prison. The “seriousness” of the felony is a new consideration that was implemented in 2012 (Couzens & Bigelow, 2012, "California's Three Strikes Sentencing Law"). Prior to the amendment, the law was applicable to ANY felony offense that was considered a third “strike.” This law has lead to the subsequent influx of non-violent prisoners that have engulfed the California prison system.…
According to the California Legislative Analyst’s office, longer sentences for crimes are designed to reduce crime by removing “repeat felons from society for longer periods of time, thereby restricting their ability to commit additional crimes” and “the threat of such long sentences would discourage some offenders from committing new crimes” (Legislative Analyst’s Office). Supporters of the law believed that with harsher sentences the Polly Klaas murder would not have happened. Repeat offenders like Richard Allen Davis, under the Three Strikes Law, would not have the chance to commit new crimes due to longer prison sentences. Californians overwhelmingly voted to pass the law as Proposition 184, which required that convicted felons “shall receive, in addition to the sentence imposed for the present felony, a 5-year enhancement for each prior felony conviction” (Legislature of California). The Three Strikes Law increased the sentences for felonies by adding an additional 5 years for each past felony committed.…
In 1994, California legislators and voters made a change in the state’s criminal sentencing law, known as Three Strike and You’re Out. This law was passed after several high profile murders were committed by ex-felons. These ex-felons made communities concerned that violent offenders released from prison would go on to perpetrate serious, violent crimes. The Three Strikes law had a minimum sentence of twenty-five years to life for three-time great offenders who had multiple priors of violent felony convictions. This law had longer prison sentences for certain repeat offenders and required sentence intensifications for convicted felons who had previously committed violent felonies.…
This is superseded by AB 2716, which increases the minimum time served to 85 percent of the sentence for violent felonies. The three-strikes law states that the most severe prison terms are reserved for those who have previously committed "serious" or "violent" felonies. In general, California law defines violent felonies as those that cause injury to the victim or threaten the victim with a deadly weapon (for example, murder and voluntary manslaughter, mayhem, most forcible sexual offenses, and some categories of robbery, assault, and burglary). Serious felonies include all violent felonies, plus others where there is a potential for injury to the victim (for example, arson and the remaining categories of robbery, assault, and…
California’s three strikes laws were enacted due to Polly Klaas’ murder which occurred in Petaluma, California on October 1, 1993. It was not until December 3, 1993 that her body was recovered when Richard Davis led authorities to her shallow grave. Her abduction led to the largest search ever conducted and was the first abduction that utilized internet technology to post pictures of Hannah and the suspect. Mainstream media outlets broadcasted Polly’s story across the nation highlighting the need for a change in criminal sentencing. California would be the second state to enact three strikes laws due to this case thereby putting the decision before the voters.…
1. Although criminal justice requires the correct label to be attached to the defendant’s misconduct, the wide scope of behaviour covered by the Homicide Act 1957 often results in the unfair, and thus harsh, labelling of offenders. This essay will sought to prove that the law of homicide is often too harsh in its assignation of labels to those who cause the death of others, by concentrating on the examples of murder with oblique intent, involuntary manslaughter and the partial defence of infanticide. It will conclude by determining the extent to which the existing law assigns the correct labels to those who commit a homicide, and whether there is thus a need for reform within the law.…
In 1994 legislation created the Violence against Women Act because the government finally recognized that violence against women has become more severe over the years. This law main purpose is to create a safer environment for women by holding their assailants accountable for their actions and by assisting battered and abused women in feeling safe again. “Violence against women is a significant social problem, with research suggesting that as many as 22 percent to 29 percent of women report histories of intimate partner violence.…
With the hold on executions, the death row keeps growing and California has become the state with the most inmates for capital punishment. In the California 2012 ballot, Proposition 34 was created as a resolution but failed to successfully pass. This controversy of whether the death penalty should be abolished or kept, has brought up similar new initiatives in an effort to repair the system’s problems. The new initiative would propose two paths for the future voters in 2016, either pro-death or anti-death penalty. So as a future voter, concerns arise and the decision to support the anti-death penalty comes with more benefits.…
Throughout the semester, we have repeatedly discussed statistics regarding current crime and incarceration rates. In comparison to previous rates, from earlier decades, it is clear that society’s viewpoint on crime has changed significantly. Beginning in the early 1970s, the United States initiated a more punitive criminal justice system (1). In The Punishment Imperative, authors Todd R. Clear and Natasha A. Frost created a concept for the reasoning behind this mass incarceration. Referred to as the “Punishment Imperative,” its basis for reasoning focused on the symbolic image that crime held in society; meaning, as crime rates grew, the societal fear for basic safety began to emerge.…
On October 1st, 2011 criminal justice realignment under AB109 took effect “The primary goal of the criminal justice system in California is to provide public safety by deterring and preventing crime, punishing individuals who commit crime, and reintegrating criminals back into the community.” Under the new justice realignment, people’s sentences are being reduced and they are being let out early because our jails are impacted With criminal realignment come criminals that are being released and repeating the cycle all over , by repeating the same offense or another crime. The criminal justice has failed newly released criminals in more ways than one. Most people that ae let out of prison become repeat offenders and go off and repeat the same or worst crime and land back in the same place. “More…
A system that affected the entire public turned into a disproportionate system that incarcerate a great deal of African Americans. Mass incarceration mainly impact the poor and minorities which has been disproportionately impacted by drug enforcement strategies. Relating to family and opportunity, a widespread of incarcerated men of low income communities which has a negative impact on social and cultural norms. Legal challenges have arisen since the enactment of the three strikes law in 1994. Twenty-five years to life for non-serious and nonviolent felonies were made possible because of the three Strikes law.…
In the process of sentencing an offender, we follow a set of rules known as the due process which considers the severity of a sentence, what charges have been laid, court hearings, and whether or not an arrest should take place. Such primitive procedure is used to prove the fact that a person is innocent until proven guilty.…
It was designed to have criminals serve majority of their sentence in jail then on the street. Before the act was passed offenders were serving a substantially less time in jail then what the courts ordered. Since offenders were being released so easily States shifted to determinate sentencing which required a mandatory minimum sentencing guideline in the 1980s. This transition kept offenders behind bars for more time and is one of the main causes of the overcrowding of prisons. The budget cannot currently support the increasing numbers of inmates entering the jails.…