Initially implemented by 24 states in the 1990s, the Three Strikes Legislation sought to punish repeat offenders (Lacourse, 1997). For many of these repeat offenders, incarceration proved to be unhelpful in preventing further criminal activity, and stricter measures were adopted as a result. Under the Three Strikes Legislation, the state provides stricter sentencing inclusive of life imprisonment for “three-time repeat offenders with multiple prior serious or violent felony convictions” (Kelly, 2019). Though it was meant to protect the general public and prevent a repeat of criminal behavior, it has done little to reduce the alarming rate of violent crimes and contributed to unfair sentencing and prison overpopulation.
During the decades that have followed the creation of this legislation, its use has evolved. Some offenders now face life imprisonment after their third strike, even when the crime committed is a non-serious or nonviolent felony. The prison population has risen dramatically as a result. Since most of these individuals will require public defense, the cost of their trials is borne by the taxpayers (Mills, 2019).
So why should you care? The collective cost of going to trial as well as housing multiple criminals for life is exorbitantly high. According to the Vera Institute of Justice, incarceration in the United States costs between $31,000 and $60,000 per inmate annually (Mills, 2017). Aside from the burden of these high costs on taxpayers, there is also the matter of humanity. The law is often automatic in that its rigidity does not allow for the judge’s discretion in the case. While this can be beneficial to some offenders, it is incredibly harmful to others as it can result in unfair sentences. To reduce the overpopulation of prisons, ensure that people receive fair sentences, and limit public defense costs for taxpayers, this legislation must be reviewed and revised.
Recap:
- The Three Strikes Legislation imposes stricter sentences on repeat offenders.
- Under the legislation, offenders are given harsher sentences even when their third offense is a nonviolent or non-serious felony.
- The use of the legislation has contributed to prison overcrowding and a financial burden for taxpayers.
Ten reasons to Oppose “3 strikes, you’re out”. (n.d.). Retrieved April 13, 2021, from https://www.aclu.org/other/10-reasons-oppose-3-strikes-youre-out
2005 initiative analysis: The three strikes Reform act of 2006. (2007, October 5). Retrieved April 13, 2021, from https://lao.ca.gov/ballot/2005/050911.htm
Mills, E. (2019, April 29). How much does it cost to send someone to prison? Retrieved April 13, 2021, from https://www.marketplace.org/2017/05/19/how-much-does-it-cost-send-someone-prison/
Kelly, A. (2019, December 20). Three strikes law and habitual offenders. Retrieved April 13, 2021, from https://www.criminaldefenselawyer.com/resources/three-strikes-law.htm
Lacourse, D., JR. (1997, January 1). Three strikes, You’re out: A review. Retrieved April 13, 2021, from https://www.washingtonpolicy.org/publications/detail/three-strikes-youre-out-a-review
