That was a big difference. La Course, Ewing v. He was later tried and found guilty of grand theft by a Jury of his peers. This unfortunately for Mr.. Ewing, was his third strike and he was sentenced to 25 years to life, the stiffest punishment he could receive which was also a mandatory sentence under the California Three Strikes Law. Ewing appealed all the way to the Supreme Court but due to his very busy criminal past, he lost.
Ewing case, other cases of like offenses and sentencing are looked at to see if any type of discrepancy or bias can be found.
The cases e. Harelip v. Michigan, U. Helm, U. Estelle, U.
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Ewing case were similar but upon review, Mr.. Ewing was found to be much more violent in his overall scope, e.
Extract of sample "Three Strikes Law in South Florida"
Felonies and prior offenses which included the use of weapons, and therefore, his here strikes sentence was upheld. Ewing v. For this assignment, I will be developing a policy regarding the three strikes laws in the State of California. The policy as it stands today: Californians Three Strikes sentencing law was originally enacted in The essence of the Three Strikes law was to require a defendant convicted of any new felony, having suffered one prior conviction of a serious felony to be sentenced to state prison for twice the term otherwise provided for the crime.
If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life. On November 6, the voters approved Proposition 36 which substantially amended the law with two primary provisions: The requirements for sentencing a defendant as a third strike offender were changed to r more prior strikes to qualify for the 25 year-to-life sentence as a third strike offender; and the addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.
The reasoning or purpose of the three-strikes law was to ensure longer prison sentences for repeat offenders through the use of mandatory minimum sentences for recidivists with prior felony convictions. This law came about through he highly publicized Poly Class case where a 12 year old girl was blatantly taken from her home right in front of her friends that were at her home for a sleepover.
However, other, less violent offenders, were caught in the net as well. What alternatives would be placed in the law to give the state prosecutor more freedom to manipulate the third strike?
The Three Strikes Law
The 25 year to life sentencing procedure would be based on the final or current strike Currently in force Mandatory use of the proportionality rule during sentencing Offenders currently serving a life sentence for the three strikes law will have the opportunity to have their sentenced reviewed 3. What can be done to limit or prevent this practice? How does this happen? A example would be: a suspect drives a vehicle intoxicated and crashes into another vehicle, killing the driver. Jones, You have a problem. The vehicle you hit was totaled and we have Just learned that the driver was DOD at the hospital.
To make matter worse, your blood alcohol level was twice the legal limit and when we tested you, we found traces of meet. What do you want to do? We can go to trial where in all likelihood your will be found guilty of first degree manslaughter, driving on a suspended license, and driving under the influence of alcohol and meet. What can be done to prevent this possibility?
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Legislation has recently pot into law, regulations to help with this situation but because prosecutors have a certain amount of discretion when it comes to pressing charges it is still difficult not to fall under the prosecutorial hammer. Making prosecutors liable for their actions farther than evidence gathering poison tree, etc. Plea bargains have been more cost effective regarding the court because they have lowered or even do away with costly court procedures but they have also cause a rise in prison costs because most pleas end with time needing to be served, whether the individuals are placed in facilities at night but allowed to work during the day or placed in facilities for a certain length of time.
Opinion on Three Strikes Law Sample Essay | araroran.tk
Warren, 4. Will your policy allow multiple counts arising from the same incident to count as multiple strikes? The answer is no. I believe that crime, much like anything else, has a certain degree of the domino effect. The Judicial system, up until recently, was thought to be a system of reformation and rehabilitation. Poly Class, which seems to be the case that sparked the public into emending Justice, and rightly so but treating every citizen with such a possibility of three strikes, regardless of what they are, in m y opinion is wrong, piling on every indiscretion possible with the full intention of dripping most of the charges, is also wrong.
How my new policy will define multiple counts My policy will define multiple counts on an individual and discretionary basis. Prosecutors will have to decide what the most important or serious offense the person has committed at this particular incidence and go further with that. Also, I feel that certain issues should and will be groups together.
Therefore the person will not faces 1 count of reckless driving, 1 count of DUD, 1 count of man slaughter, etc. Here each factor carries a certain amount of prison time that can be stacked and mandated to be served in a consecutive amount of time. The sentence will consider all of the factors and render one Judgment.
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If one of the alternatives was supervised probation, how would you convince the public that it would be more cost-effective for the person to be supervised than incarcerated? There are all kinds of studies online and at every county, state, and government website that show statistics for cost evaluations. Raillery, Further, The individual and their background will have more to say about the individual than anything else. A true example would be: Ms. Lorena Wells, a forty four year old woman that was caught embezzling funds from the health and welfare department in South Hill, Va.
Where she had worked for several years.
Knuckleball County Prosecutors charged her with 27 felony counts angina from fraud to unauthorized use of food stamps, and sentenced her to 1 year work release. She is not a threat to society in any way. She was born and raised in South Hill and everyone knows her. She has two daughters and until her arrest, was married to a long time employed sheriff in the county. Now that this new legislation has been in effect for a year and the tremendous negative effects it have become obvious we must repeal it. One of the issues that must be considered when imposing mandatory sentencing is the increased cost of incarceration.
This amount of money could put one person through a state college for two or three years. According to Beth Carter the three strikes law has placed 1, people in prison for a third strike offense and 14, people in prison on a second strike offense 1. To support these inmates for longer periods of time we will have to increase the amount of money going to our prison system.
This means that either spending in other areas will be cut or an increase of taxes. Neither of which is highly favored by voters. The money that is being spent incarcerating these people can be more well spent in other areas. The money can be spent on crime prevention and rehabilitation, rather than retribution. Now that we will be having more and more criminals behind bars we shall have to spend even more money building and keeping up our overcrowded prisons. There have only been only 53 people with second and third strike convictions for rape, murder, and kidnapping Carter 1.
This law's lack of effectiveness clearly does not warrant its huge price. The other aspect to consider in the implementation of the three strikes legislation is its effect on non-violent offenders.
These are the people hardest hit by this law. Most drug users are not in need prison, they are in need of help for their addictions. If a fraction of the money it would cost to imprison them is put toward drug rehabilitation programs it would save the state money, while at the same time helping the individual. The three strikes legislation is directly aimed at violent crime, but its track record has shown that it has missed the mark by a long shot.
Some offenders have been convicted for a third strike on relatively small offenses. His previous offenses had all been non-violent, yet he was convicted under our three strikes law Franklin This is not an isolated incident either. Franklin cites numerous examples of cases where people were convicted under this legislation for non-violent offenses These types of cases just illustrate how the three strikes legislation is targeting non- violent offenders, as opposed to its goal of targeting violent criminals.
After one year in effect it is easy to see what our three-strikes legislation has done.
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