The Story of 'Three Strikes' Legislation

Paper Summary:

This paper describes the laws behind California's 'three strikes' legislation and argues that this legislation is neither a deterrent nor a balanced way of meting out justice. The paper then addresses the issue of capital punishment and contends that capital punishment is also an ineffective answer to rising crime rates. Finally, the paper contends that measures such as the 'three strikes' laws and capital punishment are the public's gut reaction to high crime rates and is similar to the public's gut reaction after 9/11, which gave the U.S. Attorney General sweeping powers under the guise of protecting America to suspect arrest people for the most petty and unfounded reasons; both reactions threaten the freedom and liberty that is so valued by American citizens.

From the Paper:

"It has been said that only two things are certain death and taxes. Yet to these two inevitabilities, many Americans would add a third -- crime. The fear of becoming the victim of a crime " especially of a violent crime " haunts many otherwise rational individuals. Violence, it seems, is everywhere. One need only turn on the television to be assailed by images of murder, rape, and physical assault. And, it is not only Hollywood that is the villain. Both local and national newscasts revel in the depiction and discussion of violent acts: a child is kidnapped; a pregnant housewife disappears and is later found murdered; a ruthless killer stalks the streets of a large city. The media like to quote facts. Just yesterday, on April 27th, it was reported that the murder rate in California's most populous urban areas had increased by eleven percent, this despite years of noticeable declines. The sudden upsurge was attributed to the State and the nation's, faltering economy. But, many Californians are not convinced. Nor were they convinced by the multitude of theories that were put forth to explain the skyrocketing crime rates of the 1970s and 1980s. Joblessness, drug use, and lack of education may indeed inspire some to commit violent and antisocial acts; however, to a majority of citizens in the Golden State, the root cause of such behavior is much simpler. Like the Eighteenth Century Englishman who penned Hanging Not Punishment Enough, they hold firmly to the idea that an increase in criminal activity is fundamentally linked to the lack of a strong deterrent. The anonymous author of that pamphlet advocated the replacement of the "relatively painless" punishment of hanging with more brutal forms of capital punishment, such as for example, breaking on the wheel."

More papers on The Story of 'Three Strikes' Legislation:

• Essay # 131407 : "The Failure of Three-Strikes Policies"
• Analytical Essay # 133591 : "Efficacy of California's Three Strikes Legislation"
• Article Review # 104120 : "California's Three Strikes Legislation"

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