This paper describes and discusses the "Three Strikes" law adopted in the United States.
Term Paper # 102454 |
3,278 words (
approx. 13.1 pages ) |
12 sources |
MLA | 2008
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Abstract
This paper describes the Three Strikes Law introduced in the USA as an effort to 'get tough' on crime. Over the years, it was seen that the law had no impact on crime rates or the nature of offenses as other states continued to follow the example set by California. The author intended that this paper would express the flimsiness of a law seeming rooted in deterrence but in fact he has revealed less reported and important surrounding matters.
Outline:
Introduction
The Failure of Three Strikes Law
Kinds of Crime - the Crack Revolution
Alleged Alternatives
Laws as Seen by Offenders
Concluding Discussion
From the Paper
" Approaches to 'getting tough' on crime in the United States of the 1990s showed commitment to what seems deterrence, as in the Three Strikes effort permitting tough sentences for repeat offenders. Over years, it was see that the law had no impact on crime rates or the nature of offenses as states continued to follow the example of California in 1994, towards varied crime statistics verifying, yet again, the ineffectiveness of deterrence models. What is absent from this kind of research is exploration of what Three Strike laws have been intended to achieve. One grows used to material empathizing with offenders affected by the law who serve inordinately long sentences for perhaps minor crimes. (See Abramsky 2002, Cole 1999) What tends to be missing concerns why this legislation was passed and the groups that favoured it. The message handed down by the Three Strikes law was one of society's non-tolerance for crime whereas the criminological message can fail to understand that criminality is opposed from within affected areas apt to support draconian legislation towards incarceration. What began as a paper expressing the flimsiness of a law seeming rooted in deterrence soon revealed less reported and important surrounding matters."
Tags:offenders, criminality, legislation
An argument for the reform of the three strikes law in the United States.
Argumentative Essay # 119359 |
3,023 words (
approx. 12.1 pages ) |
10 sources |
MLA | 2010
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$ 53.95
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Abstract
This paper examines the three strikes law that was enacted in the United States in 1990. The theory behind the implementation of the three strikes law and the impact the law has had are discussed and the paper argues that the nature of the law is innately flawed and that the law must be reformed. In addition, the paper describes some suggestions for reforms that have been put forward by critics of the law.
From the Paper
"It is vital to consider reform of the Three Strikes law. We are providing a disservice to both our criminals, who are guaranteed under our Constitution to receive rights equal to those of all other citizens and who deserve access to a fair trial by their peers uninfluenced by previous offenses, and to the rest of the citizenry who would be required to foot the bill for those who are incarcerated due to the Three Strikes law. First, we must reconsider California's proposition 66 and apply its affects at a federal level. We should return to what the original drafters to the Three Strikes law had intended and consider a mandatory sentence if and only if the individual has a history of violent crime, not just acts of petty theft or other similar activates. Second, we should amend the Three Strikes law to serve as merely a suggestion rather than an inalterable rule."
Tags:incarceration, offense, criminal, prosecute
An examination of the prison system and crime in New Jersey and in the United States.
Persuasive Essay # 101503 |
2,706 words (
approx. 10.8 pages ) |
11 sources |
MLA | 2007
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$ 48.95
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Abstract
This paper discusses the activities of state authorities in relation to crime in New Jersey and in the United States. The paper explains that in recent years crime rates in New Jersey have dropped significantly, but the prison population, and its costs, have increased and the key reason is that New Jersey (like many other jurisdictions) uses incarceration to address drug problems. The paper points out that there are alternatives to full-scale incarceration that would save the state of New Jersey substantial sums which are now being spent on maintaining a prison system that is built to guard New Jersey from a threat that does not exist.
Outline:
Introduction
Part I: Recent Crime Statistics
Part II: Recent Legislation
Part III: Victims Assistance Programs
Part IV: Correctional Options
Part V: Three Strikes Laws
Conclusion
From the Paper
"There are two criminal justice systems in the United States: the state system and the federal system. When a person commits a crime, it may be a crime against the laws of the United States; it may be a crime against the laws of the state in which the crime occurs. Violations of the criminal laws of the United States ("federal crimes") are prosecuted by the United States through the U.S. Attorney in each state. Violations of the laws of a given state are prosecuted by the various officials of the state. While the two systems work cooperatively, they do not course over."
Tags:crime, rates, drugs, incarceration, prison, Three, Strikes
A brief overview of the history of criminal law in the United States.
Term Paper # 144996 |
1,023 words (
approx. 4.1 pages ) |
7 sources |
APA | 2010
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$ 21.95
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Abstract
The paper defines criminal law and explains why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. The paper discusses how the United States derives the structure of its criminal justice system from the English tradition of common law, and explains how most legal systems agree on certain basic premises. The paper also notes that many of the protections of the Bill of Rights pertaining to the criminal justice system only were extended to the state in the 19th century. Finally, the paper considers the controversies that still exist, including the 'three strikes and you're out' laws and capital punishment.
From the Paper
"First of all, what is criminal law? From the point of view of society, crimes are wrongs or violations for which the offender may be punished. Criminal law involves prosecution by the government for an act classified as a wrongdoing against society at large, for which penalties can be extracted varying from incarceration to fines to both (Criminal law, 2008, Cornell University Law School). The criminal law system stands in contrast to civil law, which involves crimes done to a particular victim. The civil suit is brought against the wrongdoer on behalf of the victim. The offender may have to pay financial compensation in civil court, but cannot be required to pay with his or her life or liberty both (Criminal law, 2008, Cornell University Law School). This is why the burden of proof in the American criminal justice system is greater than that of the American civil justice system. In a civil court, the plaintiff need only prove that the preponderance of the evidence shows a crime was committed, in a criminal court the standard for guilt is that it must be shown that beyond a reasonable doubt, a crime was committed."
Tags:Constitution, Bill, of, Rights, prosecution, crime, common, law, judiciary, jury
An overview of this amendment to the Three Strikes Law which aims to reduce crime in the United States.
Essay # 61021 |
1,448 words (
approx. 5.8 pages ) |
5 sources |
MLA | 2005
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$ 28.95
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The Three Strikes Law, passed in 1994, sent repeat offenders to mandatory long terms in prison in the United States. This paper presents an overview of an amendment to this law, Proposition 66, which calls for lighter sentences for non-violent crimes. It looks at the views of those in favor of the amendment, as well as those against it, such as Governor Arnold Schwarzenegger whose successful campaigning led to its demise.
From the Paper
"Opponents also state that there have been two million fewer victims, and the estimated savings due to this law are approximately $28.5 billion. According to Governor Arnold Schwarzenegger, this Proposition would weaken the three strikes law by creating a loophole that will flood our streets with thousands of felons, among those being murderers, rapists and child molesters. They point to numerous cases in which a felon who committed violent assaults and even some who committed murder may be released if the proposition passed."
Tags:Klaas, felony, reformation, criminal
Proposes a comparative study to determine how effective America's strict anti-drug laws are in reducing the drug problems in the nation.
Research Proposal # 28180 |
2,925 words (
approx. 11.7 pages ) |
6 sources |
MLA | 2002
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$ 51.95
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Abstract
For many years the United States has waged a "War On Drugs". Within this endeavor the nation has passed and implemented some extremely tough laws regarding drugs, on a local, state and national level. The belief is that stricter laws will reduce the number of drug offenses and drug use in the United States. This paper proposes a study for the purpose of answering the question:"What, if any, impact are tough anti drug laws having on its actual manufacture, sale and use of them?"
Table of Contents:
Abstract
Introduction
Literature Review
Methodology
Results
Conclusion
From the Paper
"The time has come to determine if the tough anti-drug laws and sentences are actually acting as a successful deterrent in the manufacture, distribution, sale and use of illegal drugs. Few people will deny the negative impact that certain street drugs have on those who use them. On any night one can turn on the television and see a news show about drugs and their use as far as the negative impact goes. The crime and violence that often go hand in hand with drug use is common knowledge. Where the disagreement comes into play is the decision or belief that the current stricter anti drug laws are the answer to the problem. Some experts believe they are while others hold to the belief that Holland has the right idea and an acceptance and out in the open attitude is the way to curb the serious problems arising from the use of drugs."
Tags:Justice, Department, crack, Three, Strikes, marijuana, OxyContin
This paper argues the need for stricter punishments to reduce the high crime rates in the United States.
Argumentative Essay # 58036 |
1,635 words (
approx. 6.5 pages ) |
7 sources |
MLA | 2004
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Abstract
This paper explains that the Choice Theory, in contrast to the Labeling Theory, states that a person makes a rational choice to commit the crime; therefore, the paper argues strict enforcement is needed. The author points out that the correctional system is letting known criminals out of prison before they have served their full sentence. The paper concludes that the California Three Strikes Law is a way to help deter the minds of criminals; when a criminal who has one or more prior felony convictions commits a second crime, the mandatory sentence can be doubled, and the third time, the criminal can receive a sentence of twenty-five years to life in prison.
From the Paper
"The opposition brings up the point that rehabilitation in prison is needed more than punishment. History alone can state what rehabilitation tasks in prisons have done. Crime rates keep increasing in the United States. Just from 2000 to 2001, a one-year period, there was a "0.9 percent rise in the crime index rate." That does not seem like much when presented in a percentage, but that means there were 106,641.054 more index crimes committed within a one-year span. Index crimes are crimes that are more serious like murder, rape, robbery, aggravated assault, burglary, larceny, motor vehicle theft and arson. These are the types of crimes that society would like to, not the impossible and eliminate, but at least keep the rate down lower. It is not just one type of rehabilitation that is not working with criminals."
Tags:california, complete, sentence, choice, enforcement
Analyzes the continuing racialization of "the war on drugs" in the United States.
Persuasive Essay # 119307 |
1,503 words (
approx. 6 pages ) |
7 sources |
MLA | 2010
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Abstract
This paper discusses how the illegalization of drugs has disproportionately discriminated against African Americans with the racialization of drug related laws, the three-strike law, and legislative policies, in comparison to their white American counterparts. The author argues that in order to resolve the drug problem the American government needs to increase the social standing of African-American and low income populations.
From the Paper
"Race has been a major factor in determining who is imprisoned and who is released. Racial inequalities have plagued our country since the founding of our nation. Not every ethnic group started off on the same foot. For example, African Americans were the only ethnic group that endured forced labor. As a result, intense racism developed as a moral defense of slavery in America. Social and economic life is in part organized around race as a social construction. Race is not real. It holds no biological meaning, nor culture (social stratification notes, Professor Isler). Race acts as a sorting mechanism for mating, marriage, and even imprisonment. Race also acts as an organizing device to mobilize, to support, or challenge race based stratification. The social definition of race has changed as economic, political, and historical contexts, have changed.
"Similar, the war on drugs epidemic has become an ethical problem. There is a chain of command through the justice system, in which the upper class places blame and punishment on lower classes. Dominant groups, such as the upper class, have little niches that allow them to control over the subordinate in private (Jackman). African Americans are less likely to have private niches to hide their drug use because they are lower status with fewer resources. They have less institutional coverage, unlike their white counterparts. The law enforcement goes against people who are easily accessed; areas that are lived in by minorities. Ethnic tensions are governed by the institution of prisons. These dominant groups also create organizations where responsibility is fragmented (Jackman). Subordinate groups do not have the organizations to support them through the criminal process of drug charges. They are more vulnerable to society and punishment."
Tags:police
A scholarly analysis of the factors that contribute to the incidence of recidivism in the pre-release prisoner population in the United States.
Essay # 52595 |
2,975 words (
approx. 11.9 pages ) |
9 sources |
APA | 2003
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$ 52.95
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Abstract
This paper identifies those factors that can serve to reduce the potential for recidivism; to this end, there is a need to determine why people continue to break the law and return to the criminal justice system. It explains that, based on the failures of the system to date, it may be that criminal justice researchers do not take advantage of the existing statistical data to the maximum extent possible in order to provide intelligent reasoned recommendations concerning effective use of available resources. It is the position of this research project that, based on existing information concerning rates of recidivism, a survey form can be designed to help identify the potential for future criminal acts by prisoners in a pre-release status.
From the Paper
"Over the last 30 years the American prison population has grown dramatically, and upon release, many convicts return to crime as a way of life after serving their sentences (Schmalleger, 1995, p. 424). Probation and parole officers are overloaded with cases and cannot properly help or supervise all the people assigned to them, Many jails and prisons are severely overcrowded, and riots, beatings and killings occur frequently. The controversy over the role of the correctional system focuses on whether they should be rehabilitated. Some people believe the purpose of imprisoning offenders is to prevent them from committing more crimes. However, it is the position of this study that this prevention may only be temporary if researchers do not find out why convicts commit more crimes in the first place."
Tags:cambridge, crime, criminal, incarceration, method, penology, philadelphia, prison, strikes, studies, three
This paper explores the moral dimensions of punishment in the United States.
Term Paper # 92614 |
1,210 words (
approx. 4.8 pages ) |
3 sources |
MLA | 2007
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$ 24.95
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The paper discusses how the government has constructed stronger and more maximum security prisons, implemented the Three Strikes and you are Out laws and returned to the acceptance and performance of capital punishment. The paper considers that someone who commits a violent crime deserves to be punished, but asks when it become less about punishment and more about revenge? The paper maintains that it is important to provide punishment and rehabilitation to those who commit crimes, but it is even more important to maintain a sense of moral and ethical confidence. The paper contends that each case needs to be held against moral and ethical barometers to be sure that the criminal justice system does not become as cruel as those they are charged with punishing.
Outline:
Introduction
The Attempt To Fix the Problem
Morality
Politics
Conclusion
From the Paper
"Under the pressure of public demand, legislators around the country have scrambled to design solutions to the nation's crime issue. Three strikes you're out, is a law mandating if one is convicted three times for certain violent offenses that person is then sentenced to life in prison without the possibility of parole. Super maximum security prisons are prisons that for the most part, keep each inmate locked into solitary confinement 23 hours out of each day. MSNBC has gone into the super-max prisons and interviewed inmates that have been in private lockdown for 10-15 years."
Tags:prison, parole, solitary, confinement, maximum, security