Three Strikes Law Jackie Andre Criminal Justice 140 Fact, 3 Strikes Law clogs the courts docket. Fact, the law destroys the flexibility of the courts and the judges. Fact, not all felonies are considered violent. Fact, the 3 Strikes Law impose life sentences on offenders whose crimes don’t warrant such harsh punishment . The United States criminal court systems are notably overcrowded due to the pressing backlogs of the increasing crime rate of our country. On March 4th 1994,the 3 Strike law came into effect. The 3 Strike law states that a person who is convicted of three felonies is given a mandatory 25 to life sentence (ACLU,2002).
According to US Legal Definition, a felony is an offense for which a sentence to a term of imprisonment in excess of one year is authorized. Felonies are serious crimes, such as murder, rape, or burglary, punishable by a harsher sentence than that given for a misdemeanor (USLegal,2010). The 3 Strikes Laws will impose life sentences on offenders whose crimes don’t warrant such harsh punishment. For example, a person drives a motor vehicle after consuming alcohol beverages, the driver falls sleep while driving then crashes into a unoccupied vehicle which is parked on the side of the road.
When law enforcement arrives, the vehicle operator is given a field sobriety and breathalyzer test and learns that the driver is well above the legal drinking limit. This is considered a victimless crime due to there was no victim injury and a felony due to the driver being intoxicated while committing property damage. Let’s change the example a little. A person drives a motor vehicle after consuming alcohol beverages, the driver falls asleep while driving when suddenly the driver crashes into a occupied vehicle which is parked on the side of the road.
When law enforcement arrives, the vehicle operator is given a field sobriety and breathalyzer test and learns that the driver is well above the legal drinking limit. This would be considered a victim crime due to a person being in the parked vehicle when it was hit be the intoxicated driver. Personal injury and property damage have a wide span between then. One felony is much more harsh then the other. The most important reason the law destroys the flexibility of the courts and the judge is because not all felonies are considered violent.
Felonies are not one size fits. “An 18-year old high school senior pushes a classmate down to steal his Michael Jordan $150 sneakers — Strike One; he gets out of jail and shoplifts a jacket from the Bon Marche, pushing aside the clerk as he runs out of the store — Strike Two; he gets out of jail, straightens out, and nine years later gets in a fight in a bar and intentionally hits someone, breaking his nose — criminal behavior, to be sure, but hardly the crime of the century, yet it is Strike Three.
He is sent to prison for the rest of his life. ” (The Lectric Law Library,2010). Should the punishment fit the crime? According to the Eighth Amendment of the Bill of Right protects the citizens of the United States, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” The 3 Strikes Law clogs the court dockets. The law destroys the flexibility of the courts and the judges. The 3 Strikes Laws imposes life sentences on offenders whose crimes don’t warrant such punishment .
But most importantly, with the overcrowding of prisons in the United States today, who would you want to be off the streets, non violent criminals or violent criminals? References: American Civil Liberties Union , Initials. (2002, March 17). 10 reasons to oppose “3 strikes, you’re out” . Retrieved from www. aclu. org/racial-justice_prisoners-rights_drug-law-reform_immigrants-rights/10-reasons-oppose-3-strikes-youre- Institution of public law. (1997-2010). Retrieved from index2. php? reqstyleid=1#
