Tuesday, June 4, 2019
three strikes law is a strict mandatory life sentence
threesome strikes equity is a strict mandatory breeding sentenceThese abominations include murder, robbery in which a deadly weapon was used, rape, or burglary. Differing opinions suggest that three strikes police force is unfair and unjust because the justness overly affects African American and Latino men who have a higher representation throughout the pitiful referee system. Others suggest that the three strikes law violates the one-eighth Amendment of the Bill of Rights because the law is unjust when convicted of a minor offense still count as a strike. I believe the three strikes law deters crime and future criminal behavior because it assembles the thought of facing tough consequences.THEORETICAL FRAMEWORKThe three strikes law can be best understood within the neoclassical theoretical framework. The theoretical framework is a direct approach to policy making for the prevention and control of crime. It focuses on policies rather than crime origin and less concerned wi th finding causes of crime, along with finding what deters future criminal behavior. The neoclassical theoretical framework can be coupled with the specific and universal deterrence theory. The specific deterrence theory emphasizes a point on the individual itself. The theory explains the discouragement of criminal behavior from future criminal acts by understanding the consequences. General deterrence theory concentrates on the prevention of crime by forging examples of distinguish criminal behavior. It exercises the public view to deter different individuals from committing the same crime. The be is use to restrain others from perpetrating the same criminal acts.Schafers Argument 3 Strikes as DeterrenceThe concept of deterrence is divided into two categories commonplace deterrence and specific. General deterrence takes place when potential offenders identify the consequences of other peoples actions and decide not to follow into their footsteps. Specific deterrence is triggere d when offenders learn from their past. Schafer believes the three strikes laws very much atomic number 18 seen as the answer to crime problems in America because it reduces crime either by throwing offenders in jail or deterring potential offenders from committing crimes. (p311)Schafer argues that three strikes law is an effective crime control policy that deters youthful offenders from becoming take on offenders. In California, statistical evidence is provided by how crime has dropped 26.0 percent since 1994. (p 312) He accordingly proceeds to contend on how juvenile offenders are more believably to be ruby-red throughout their generation. The data he claims suggest that a low-down number of young offenders commit numerous unpunished crimes because the courts, especially the juvenile justice system, provide the offenders with countless minute of arc chances. The three strikes law would reinforce the pauperization to change their criminal behavior because the juvenile just ice systems do little to rehabilitate or deter young offenders from crime. (p 313) Schafer reinforces his disceptation by conducting a opinion to measures the offenders examines with the consequences of their crimes. The result of the survey concluded that, 61 percent of the offenders said they would not or probably would not commit a serious or violent crime if they knew their prison sentence would be doubled and 70 percent said that would not or probably would not commit the crime if they knew they would baffle life in prison. (p 314) His survey demonstrated a preventative effect from the root of the source. To conclude Schafers argument, he proved that offenders, who have repeated experiences with the criminal justice system, have learned through their consequences, and the rewards of the criminal act do not outweigh the consequences.Vitiellos Argument 3 Strikes is not a Deterrent to Violent offensiveVitiello argues that three strikes law have no effect in reducing serious crime and the cost of the law is not beneficial to our society. Vitiello explains three strikes incarnateers argument is based on empirical data that defines the efficiency of the law. The efficiency of the law is supported by data that does not have a connection with the three strikes law. Reports from California prove that prior to the three strikes law, crime was already declining and after the three strikes, there were no drastic change in crime. Vitiello furthermore argues that when law makers were trying to measure the three strikes deterrent effect, they failed to find a marginal deterrent effect. There was a small change, just now there was no of import explanation on the decline in the crime rate. The law itself is not helpful to the criminal justice system. Vitiello compared Californias and the nations crime rate average. He proved that sectarian of State Jones position on how California exceeding the decline in crime nationwide, cuts both ways was false. The example gi ven was that New Yorks policing polices had problems with crime during the 1990s, but it did not adapted the three strikes law however, New York, had a higher decline in crime than California. Vitiello also reference the authors of Punishment and Democracy to support his position. The authors of Punishment and Democracy found that the decline in crime rate followed by the three strikes was not the cause of the decline, but the authors found that the decline in the crime rate preceded passage of the law. Even when the law was passed, there was not dramatic change because the crime rate stayed the same. The cause of the crime rate to be neutral was the decline that was operating prior to the passage of the law continued to be the primary reason for the drop in crime rates. Therefore, the three strikes bring in no role in the decline in crime rate. Overall, Vitiellos argument is based on empirical studies. His research found that California would have experience virtually the entire d rop in crime without three strikes.ANAYLSISSchafers position on the three strikes law deters repeat offenders. Based on his studies, the evidence he provides concludes a convincing argument. Schafer explains how the concept of deterrence reflects on offenders and repeat offenders. Following by his survey, the results created a solid foundation for his argument. The whole idea of general deterrence is very effective. People are likely to commit a crime when the opportunity arises. If the consequence is tough they will be afraid to commit the crime. The cosmea of three strikes law is to put the fear in peoples mind to make them think twice approximately violating the law. All it takes a single thought to the highest degree if its worth it or not. I see the specific deterrence theory as a way to deter repeat offenders. The three strikes helps fix the criminal justice system by putting those who choose to become repeat offenders to stay in jail. Most crimes today are from repeat offe nders. From the Bureau of justice Statistic Special Report, A 2002 study survey showed that among nearly 275,000 prisoners released in 1994, 67.5% were rearrested within 3 years, and 51.8% were back in prison. Explaining how more of our prisoners that get convicted are more likely to go back in prison. This is where the three strikes law takes place. We created a barrier for those offenders to think about what they are doing. We make them think about if its worth twenty five years to life.Another effective reason why three strikes is effective is because it targets repeat offenders who fail to change their criminal behavior after the second time. The mandatory twenty five years to life for third time offenders will put them away for a long time and it also hold them off the streets. This type of get tough law has done its part on reducing the crime rate throughout the nation. It serves as a deterrent and its the best weapon we got against repeat offenders. From Analysis of the Ca lifornia Attorney Generals Report, the drop in the crime rate that California has experiences since 1993 is drastically different from the first quartette year of 1990-1993 where the overall crime rate dropped only 2.4% and the violent crime rate increased 7.3%. When the three strikes law took effect, the crime rate dropped drastically to about 5 %. Some may argue that crime was reducing before the three strikes law. Data shows that crime was dropping before the law was passing, but when the law did pass, it drastically declined boosting the drop further.Moreover, crime can be seen as a rational choice theory. The theory proposes that offenders measure the opportunities, cost, and benefits of particular crimes. (Hagan.2010. p 101) Hagan referenced Cornish and Clarkes (1986) rational choice theory by explaining how crime is a matter of situational choice and we need to increase the certainty and the severity of the punishment to exclude the lure and the choice of criminal activity. Therefore, the three strikes law plays that role of decreasing the situational choice, so that crime cannot happen. The cost and benefit of the crime does not equal the punishment. In results, offenders are more likely to disregard criminal behavior because the three strikes law decreases the motivation to commit a crime.CONCLUSIONThe three strikes law is used as deterrence. Many argue that its a waste of governments money. Some argue that its the best tool we got against repeat offenders. I personally feel that its the only defense we got against repeat offenders. The theory behind the law supports why the law would work. This law is based on human behavior. The human behavior based on learning from experience and making sure that experience was enough to deter the offender from committing the same act. The three strikes law revolves around the Neoclassical Theory and it deters repeat offenders.