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Unjust Sentencing and the California Three Strikes Law

Unjust Sentencing and the California Three Strikes Law
Author: Douglas W. Kieso
Publisher: LFB Scholarly Publishing
Total Pages: 302
Release: 2005
Genre: Law
ISBN:

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The California Three Strikes law was passed in 1994 as a wave of "strike" laws swept the United States. California's law was unique, however, because people convicted of possession of a small amount of narcotics or who committed petty crimes like shoplifting were receiving life sentences. Kieso studies prosecutorial discretion, judicial discretion, jury discretion with a focus on the inconsistencies in California's usage of its Three Strikes law. Contrary to the U.S. Supreme Court's 2003 decision, Ewing v. California, which upheld the law and to public perception, Kieso demonstrates that many unjust cases result from flaws in California's political system.


Punishment and Democracy

Punishment and Democracy
Author: Franklin E. Zimring
Publisher: Oxford University Press
Total Pages: 256
Release: 2001-02-15
Genre: Social Science
ISBN: 0195350375

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"Getting tough on crime" has been one of the favorite rallying cries of American politicians in the last two decades, and "getting tough" on repeat offenders has been particularly popular. "Three strikes and you're out" laws, which effectively impose a 25-years-to-life sentence at the moment of a third felony conviction, have been passed in 26 states. California's version of the "three strikes" law, enacted in 1994, was broader and more severe than measures considered or passed in any other state. Punishment and Democracy is the first examination of the actual impact this law has had. Franklin Zimring, Sam Kamin, and Gordon Hawkins look at the origins of the law in California, compare it to other crackdown laws, and analyze the data collected on crime rates in Los Angeles, San Diego, and San Francisco in the year before and the two years after the law went into effect. They show that the "three strikes" law was a significant development in criminal justice policy making, not only at the state level, but also at the national level. They conclude with an examination of the trend toward populist initiatives driving penal policy. The importance of the subject and the stature of the authors make this book required reading for policy analysts, criminal justice scholars, elected officials, and indeed any American seeking to know more about "get-tough" criminal sentencing.


Three Strikes and You're Out

Three Strikes and You're Out
Author: Peter W. Greenwood
Publisher: Rand Corporation
Total Pages: 100
Release: 1994
Genre: Law
ISBN:

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The authors report on the benefits and costs of California's new mandatory-sentencing law, which provides for progressively longer sentences with an increasing number of prior convictions for serious felonies. The authors find that the new law, if fully implemented, will decrease serious crime committed by adults by about 28 percent at a cost of an extra $5.5 billion a year. Alternatives that narrow the law's application result in a lower benefit but an even greater reduction in costs. The authors were also able to devise an alternative that resulted in the same crime-reduction benefit for lower cost. The authors conclude that the state budget cuts required to fund the new law will be so great that it is unlikely to be fully implemented.


Feeding the Fear of Crime

Feeding the Fear of Crime
Author: Valerie J. Callanan
Publisher: LFB Scholarly Publishing
Total Pages: 244
Release: 2005
Genre: Law
ISBN:

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Callanan (sociology, California State U.-San Marcos) analyzes how a 1993 proposal to change California law to punish third-time offenders more harshly was making little headway despite the support of many powerful conservative organizations until a heavily publicized kidnapping and killing, after which it quickly became law. Her topics include understanding American punitive attitudes, media and public opinion of crime, modeling support for three strikes, and explaining punitiveness. Annotation : 2004 Book News, Inc., Portland, OR (booknews.com).


Three Strikes Laws

Three Strikes Laws
Author: Jennifer E. Walsh
Publisher: Bloomsbury Publishing USA
Total Pages: 209
Release: 2007-01-30
Genre: Law
ISBN: 0313068216

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In the mid-1990s, policymakers in more than half the states and the federal government responded to escalating crime rates and a series of sensationalized crimes by passing laws that imposed lifetime sentences on repeat offenders. Since then, the Three Strikes and You're Out movement, which embodies the overall get tough with crime approach to criminal sentencing, has generated much controversy. Critics argue that Three Strike laws are disproportionate, costly, and inefficient. Supporters, however, argue that the laws are effective, necessary, and just. Despite the controversy, Three Strike laws are still popular more than a decade after their implementation. Attempts to reduce the scope and/or severity of Three Strike policies have failed and the laws continue to affect thousands of offenders each year. Setting the record straight, Walsh provides a clear, comprehensive overview of the movement and its consequences. Do Three Strikes laws really prevent crime? Do they cost less than releasing repeat offenders time and time again? Are they evenly and fairly applied? These questions and more are answered in these pages through a careful analysis of the costs, benefits, and results of Three Strikes legislation. Walsh analyzes the historical development of the Three Strikes movement in the context of get tough sentencing reforms and provides detail about the various Three Strikes statutes adopted across the nation, while offering an in-depth exmamination of the controversies they have produced. Amid efforts to repeal or revise such statutes, the laws still stand, and this book sheds light on the history of, rationale for, and results of one of the most controversial criminal justice movements of our time.


Cruel Justice

Cruel Justice
Author: Joe Domanick
Publisher: Univ of California Press
Total Pages: 345
Release: 2005-08-15
Genre: History
ISBN: 0520246683

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From an award-winning journalist comes an investigative look, through the stories of people on both sides of the law, at the development and impact of the three strikes legislation in California.


Sentencing Law and Policy

Sentencing Law and Policy
Author: Nora V. Demleitner
Publisher:
Total Pages: 0
Release: 2013
Genre: Sentences (Criminal procedure)
ISBN: 9780735507098

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A leading text in criminal law, co-authored by leading scholars in the field, Sentencing Law and Policy draws from extensive sources to present a comprehensive overview of all aspects of criminal sentencing. Online integration with sentencing commissions, thorough treatment of current case law, and provocative notes and questions, stimulate students to consider connections between disparate institutions and examine the purposes and politics of the criminal justice system. The Third Edition has been updated to include recent developments in sentencing case law and provocative discussions of policy debates across a wide range of topics, including discretion in sentencing, race, death penalty abolition, state sentencing guidelines, second-look policies, the impact of new technologies, drug courts and much more. Features: Authors are among the leading sentencing scholars in the United States. Demleitner and Berman are editors of the leading sentencing journal, Federal Sentencing Reporter. Berman is the blog master of the leading sentencing blog, with huge readership. Intuitive organization tracks the process that occurs in every criminal sentencing. Each chapter draws on the most relevant examples from three distinct sentencing worlds: guideline-determinate, indeterminate, and capital. Wide-ranging source materials, including: U.S. Supreme Court decisions. Cases from state high courts, federal appellate courts, and foreign jurisdictions. Statutes and guidelines provisions. Reports and data from sentencing commissions and other agencies. Problems and questions in text are integrated with websites of sentencing commissions, such as the site for the U.S. Sentencing Commissions (www.ussc.gov). Challenging questions ask students to compare institutions and consider the connections between specific sentencing rules and the purposes and politics of criminal justice, emphasizing the effects of sentencing. Notes tell students directly what are the most common practices in U.S. jurisdictions. Instructorsand’ website (www.sentencingbook.net) provides the Teacherand’s Manualand—available only electronically on the siteand— with additional teaching materials to be posted as needed. Studentsand’ website (www.sentencingbook.com) features longer collections of rules and guidelines, statutes, case studies, recent articles, practice problems, sample exams, and a virtual library. Thoroughly updated, the revised Third Edition includes: New Supreme Court cases, including Gall, Kimbrough, Padilla (6th Amendment), and Kennedy (child rape sentencing limits). Policy debates over mass incarceration, the relevance of the budget crisis, and the state-level variation in deincarceration. Shifting authority among key actors in the crack penalty/crack reform debate, including the Fair Sentencing Act (FSA). Expanded core study of discretion in sentencing and attention to race in sentencing, with a close study of the North Carolina Racial Justice Act and the emergence of and“racial impact statementsand” about existing systems and proposed legislation ina number of states. Death penalty abolition. Developments in state sentencing guidelines, noting stand-still in new states, and the relevance of the ALI MPC project. Emergence of and“second lookand” policy discussions, the troubled debate over the theory, operation and impact of parole systems, and the and“supervised releaseand” that has come to replace traditional parole. Discussion of new technologies, developm