Three Strikes Law Penal Extremism Draconian Rhetoric by

Three Strikes Law: Penal Extremism & Draconian Rhetoric by Marcelo Swofford

What is Three Strikes? ● AKA “habitual offender laws” ● If criminal already has two felonies, third felony = life sentence ● Implemented in 28 of the 50 states ● California = most extreme interpretation ● If criminal already has two felonies, misdemeanor ≈ life sentence

Incarceration in the U. S.

Incarceration in the U. S. ctd.

Kimber Reynolds & Polly Klaas

Counter-Argument ● Between 1994 and 1998: ○ ○ ○ Homicide Rates → -51. 5% Rape → -18. 7% Robbery → -48. 6% Assault → -25. 9% Burglary → -38. 3% Motor Vehicle Theft → -40. 2% ● “Crimes are more effectually prevented by certainty than by the severity of the punishment. ” ● Cheaper and faster for the court system ● Judge has freedom to dictate length; between 25 years and a life sentence

Counter the Counter! ● Every aspect of crime reduced at the same rate in states without Three Strikes ● More expensive and slower for the courts—crime rates went ↓ but the # of court cases went ↑ ● 24 of 28 Three Strikes states already had similar legislation put in place ● Freedom between 25 years and a life sentence but no deviation from that range

#1: Legislation ● No revision or correction before it was sent through ● Disastrous precedent ● Open-ended/unspecific ● Third strike must be “misdemeanor”

#2: Overcrowded Prisons ● Living conditions ↓ ● Prisoner treatment ↓ ● Prison population doubled from 313 in 1985 to 615 in 1996 (per 100 k people) ● Bail x 2 for second strike and inexistent for third strike ● Build/expand prisons = ↑$

#3: Increased Spending ● $7. 4 billion to build new prisons ● $5. 5 billion per year to maintain ● California Department of Corrections (CDCR) budget ↑ 200%

#4: Clogged Court System ● Massive influx of trials ● Plea bargain useless ● Before: +90% of felons used plea bargain= faster ● After: only 14% of felons used plea bargain= slower

#5: Inconsistent Implementation ● Openness of interpretation ● Imbalanced checks & balances: local judiciaries have 100% interpretation ● SF outlawed Three Strikes in 1996 ● SD still has it, highest incarceration rate in California

#6: Immoral/Illogical ● Draconian rhetoric ● By 1997, ↑ 60% of Three Strikes victims were nonviolent crimes ● Little deceleration in crime, huge acceleration in incarceration ● Unpopular amongst citizens after time

Ewing v. California ● Gary Ewing stole 3 golf clubs ● Usually sentenced 10 or less years ● Had 2 previous violent crimes on record= life sentence ● Courts won— 8 th amendment interpretation widened

Propositions 66 & 36 ● Prop. 66 in 2004: third strike had to be violent/serious → lost by 52. 7% to 47. 3% ● Prop. 36 in 2012: third strike had to be violent/serious → won by 69. 3% to 30. 7%

Works Cited Ardaiz, James A. “California's Three Strikes Law: History, Expectations, Consequences. ” Mc. George Law Review , Vol. 32, No. 1, 2000, pp. 1– 36. Hein Online , heinonline. org/HOL/Page? handle=hein. journals/mcglr 32&div=8&g_sent=1&casa_token=&collection=journals. Beres, Linda S. and Thomas D. Griffith. “Do Three Strikes Laws Make Sense - Habitual Offender Statutes and Criminal Incapacitation. ” Georgetown Law Journal , Vol. 87, No. 1, Oct. 1998, pp. 103– 138. Hein Online , http: //heinonline. org/HOL/Page? handle=hein. journals/glj 87&div=12&start_page=103&collection=journals&set_as_cursor=0&men_tab=srchresults# Bowers, Joshua E. “'The Integrity of the Game Is Everything': The Problem of Geographic Disparity in Three Strikes. ” Vol. 76, No. 4, Oct. 2001, pp. 1164– 1202. NYU Law Review , http: //www. nyulawreview. org/sites/default/files/pdf/NYULaw. Review-76 -4 -Bowers. pdf Jones, Bill. “Why the Three Strikes Law Is Working in California. ” Stanford Law & Policy Review , Vol. 11, No. 1, 1999, pp. 23– 28. Hein Online , heinonline. org/HOL/Page? handle=hein. journals/stanlp 11&div=10&g_sent=1&casa_token=&collection=journals. Lagos, Marisa. “California Spending Billions to Build New Prisons. ” SFGate , 14 Aug. 2011, www. sfgate. com/politics/article/California-spending-billions-to-build-new-prisons-2335352. php#page-2. Males, Mike and Dan Macallair. “Striking Out: The Failure of California's ‘Three Strikes and You're Out’ Law. ” Stanford Law & Policy Review , Vol. 11, No. 1, 1999, pp. 65– 74. Hein Online , heinonline. org/HOL/Page? handle=hein. journals/stanlp 11&id=69&collection= journals&index=. Mosquera, Vallerye, and Drew Wagner-Weir. “Strict, Stricter, and Strictest: An Analysis of Prison Sentencing in California Before and After ‘Three Strikes’, ” 2014, University of Pacific Press Journals , www. mcgeorge. edu/Documents/Publications/ Three%20 Strikes 2014. pdf. Owens, Mark W. “California's Three Strikes Law: Desperate Times Require Desperate Measures–But Will It Work? ” Pacific Law Journal , Vol. 26, No. 3, Apr. 1995, pp. 881– 920. Hein Online , heinonline. org/HOL/Page? handle=hein. journals/mcglr 26& div=54&g_sent=1&casa_token=&collection=journals. Zimring, Franklin E. “Populism, Democratic Government, and the Decline of Expert Authority: Some Reflections on Three Strikes in California Essays. ” Pacific Law Journal , Vol. 28, No. 1, 1996, pp. 243– 256. Hein Online , http: //heinonline. org/HOL/Page? handle=hein. journals/mcglr 28&div=17&g_sent=1&casa_token=&collection=journals. ______. "The Scale of Imprisonment in the United States: Twentieth Century Patterns and Twenty-First Century Prospects. " Journal of Criminal Law and Criminology , Vol. 100, No. 3, 2010, pp. 1224 -1246. Northwestern Scholarly Commons Law , http: //scholarlycommons. law. northwestern. edu/cgi/viewcontent. cgi? article=7374&context=jclc