Three-Strikes Laws: Why These Laws Shall Be Amended
The three-strikes laws were enacted primarily to prevent and stop heinous crimes. This was the true intent of the said laws. These laws impose a stricter penalty of a minimum of 25 years of life sentence to an offender who has been convicted of a crime for the third time.
However, despite the nobleness of the intention of these laws, many offenders who have been sentenced in accordance with the three-strikes laws were convicted of non-heinous crimes such as petty thefts which are ordinarily misdemeanours punishable by 6 months imprisonment.
As a result of the strict implementation of three-strikes laws, the prisons all over the state become more congested which consequently require the government to build bigger facilities for inmates. Additional prison cells require additional cost from the government which could have been spent for more practical and necessary social services such as education and health. Data since 1994 also show that prison congestion was not due to the conviction of offenders who committed heinous crimes. In fact, most of these prisoners who have been sentenced for 25 years are harmless petty criminals.
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More than 7,000 people in California have been sentenced to life imprisonment and have accordingly sent to prison under the three-strikes law. In 350 of those cases, the third crime committed by the defendant was a minor offense, including the case of Leandro Andrade who was caught shoplifting children’s videos twice within two weeks at K-Mart stores in Southern California in 1995. The tapes Andrade stole were worth approximately $1.60. Such petty thefts (under $400) are ordinarily misdemeanors punishable by up to six months in jail. But Andrade had a record of burglaries and marijuana possession from years before. As a result of California's tough three-strikes law, Andrade’s new petty thefts were treated as felonies. Upon his conviction, the judge sentenced him to 50 years to life in prison. (Three Strikes And You're Out)
Conclusion
Notwithstanding the actual effects of the three-strikes laws which are not deemed advantageous to the government and to the public, the enforcement of the three strikes laws shall continue based on the hope that it will eventually deter recidivist from committing crimes. However, these laws shall undergo an amendment to the penalties imposed. The years of imprisonment shall depend on the gravity of the offense. Amendment of these laws shall be done for the purpose of achieving the true intent of these laws which is to stop and prevent violent crimes.
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