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Essay / Research Paper Abstract
A 3 page research paper that describes the Three-Strikes laws that have been instituted in numerous states, but focusing on the law in California. The writer argues that this law is in need of reform. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: KL9_kh3strikes.doc
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Unformatted sample text from the term paper:
identified these offenders has deserving of extended sentences due to history of repeat offenses (Auerhahn, 2008). The California Three Strikes law mandates doubling the sentence for any felon convicted of
a second felony and tripling the presumptive sentence for offenders who are convicted of a third felony (Auerhahn, 2008). One of the principal effects of this sentencing has been to
greatly increase the prison population, as it halved the number of offenders eligible for parole (Auerhahn, 2008). According to the projections developed by Auerhahn (2008), the California law disproportionately affects
non-violent drug offenders, increasing their incarceration rate by 44 percent. Despite being highly controversial, three strikes laws have been extremely popular, as twenty-four states have instituted laws similar to
Californias third strike law, which mandates a 25-year-to life sentence for three-time offenders (Samaha, 2011). Empirical evidence on the effects of these laws on crime have been very mixed, as
some studies have asserted that the laws have deter crime; some indicate no effect; and some have indicated that the laws increase crime (Samaha, 2011). Role of the
courts in enforcing this policy In the case of Ewing v. California, 538 U.S. 11 (2003), the Supreme Court upheld his sentence, as their verdict held that Ewings sentence did
not violate the Eighth Amendment, which prohibits cruel and unusual punishment (Samaha, 2011). Ewing was sentence to 25 years to life for stealing three golf balls, which were valued at
$399 each. Ewings lawyers asserted that 25 years to life is disproportionate to his offense and, therefore, constitutes cruel and unusual punishment (Samaha, 2011). The majority opinion in the case
indicates that the judges based this decision on the criminal history of the defendant and the right of the State of California to address Ewings recidivism. As this indicates, the
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