Three Strikes You're Out Law Essay

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From 1990-1993, prior to three-strikes, the CCI dropped a total of 2.4%. From 1994-1997, post three-strikes, the CCI dropped 30.8%. For violent offenses the decrease was 27% post three-strikes vs. An increase of 7% from 1990-1993 (Beres and Griffith 106).

However, some argue that the drop in the crime rate actually began in 1993 with a significant drop before any impact from three-strikes. This does not imply that the huge drop in the crime rate post three-strikes was not due to that legislation. And it cannot be doubted that three-strikes definitely had a significant impact on the crime rate drop. However, other factors may have initiated the drop in crime in 1993, which also impacted the bigger drops after three-strikes. A booming California economy during that same time period is one explanation offered.

Similar Laws in other States?

Twenty-eight states have three-strike laws. Most are "similar" to California's. However there is one major difference. In California, the controversial three-strikes law allows the third strike to be any felony whether violent or not. And the sentence is a mandatory 25-to-life.

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It is particularly harsh and has led to serious constitutional cases claiming cruel and unusual punishment. Criminals who committed burglaries years before (strikes one and two) and then stole video tapes or other small items in shoplifting crimes, have been sentenced to decades in prison due to the strict guidelines of the law. For these reasons, California attempted to amend the three-strikes law in 2004, but the voter referendum failed with 46% of the voters in favor of amending it.

2003 Supreme Court Decision

In May, 2003, in a split 5-4 decision, the U.S. Supreme Court upheld California's three strikes you're out law as not being cruel and unusual punishment. Two separate cases involving thefts of minor items (video tapes and golf clubs) were reviewed to decide if applying the three strikes law due to previous felonies was indeed cruel and unusual punishment under the 8th Amendment to the U.S. Constitution......

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"Three Strikes You're Out Law" (2009, September 16) Retrieved May 21, 2025, from
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