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Chap 9
What events triggered the ”3 strikes" fad?
Ex-con crimes in Wash and Calif -- spread
across country -- fueled by media myths of
lenient system “soft on crime”
(wedding cake model - highly publicized cases)
Chap 9
What kinds of similarly punitive fads have
been popular in the past?
Scared straight, boot camps, mandatory
minimums, truth in sentencing,
“use a gun .....”
“do drugs ....”
Mindless punishment based on “common sense”
Chap 9
What are the three theoretical
justifications for these punitive policies?
Deterrence
Incapacitation
Retribution
Chap 9
Why are the deterrence and incapacitation
claims about three strikes doubtful?
Deterrence - most crimes not rational
Incapacitation - false positives/petty offenders
+ low clearance!!
Chap 9
What does "vengeance as public policy" mean
(and vengeance against whom - criminals
or poor)?
Retribution as vengence - “they deserve it”
“They” is stereotype
(Justice and warped justice)
Chap 9
"Diversity among the states" (p. 186-191) skim this part.
About 1/2 states passed laws
Most focussed on violent crimes
And most already had laws doing same thing!
(habitual offender laws)
Chap 9
Why was the three strikes movement
"largely symbolic" and "not designed to
have a significant impact on the CJS" in
most states - and why is California the
only exception to this (p. 195)?
Political “get tough” posturing.
Calif 40,000 strikers!! (TABLE 9-7 P. 206)
Chap 9
Skim these sections (I'll talk about this in
class) - history of the California law,
impact on the courts, variation by
counties, impact on prison population.
Legis and public racing to “get tough”
Discretion - from judges/juries to prosecutors
Lot of variation by counties in use of strikes
Prison pop - est even bigger than actual 40k!!
Chap 9
Who are strikers (Calif v. other states) serious or petty?
Other states - few strikers, mostly serious
Calif - many strikers, most petty (prop/drug)
(TABLE 9-8
PAGE 207)
Chap 9
How much has this cost in California
(vs. pre-three strikes sentencing laws)?
3 strikes less than half of overall increase
(40k of 110k increase)
40k x 30k per year = $1.2 billion year
Costs will continue for many years!!
Chap 9
What has been the impact on crime rates in
California (Figure 9-1)?
None
FIGURE
9-1
PAGE 211
Strike v. Nonstrike counties
Chap 9
What does the comparison of different
states illustrate (Figure 9-2)?
No impact on crime comp to non-strike states
FIGURE 9-2
PAGE 212
Chap 9
Summary - I'll talk about this in class.
3 strikes laws part of conservative “get tough”
on crime political “package” (other changes)
Large part in Calif, small part elsewhere.