Term Paper on "Three Strikes Laws"
Term Paper 10 pages (4798 words) Sources: 0
[EXCERPT] . . . .
Three Strikes LawsFrom the beginning, the three strikes in law in California was shaped by tragic, personal stories. Take, for example, the story of Kimber Reynolds who, on a summer evening in 1992, went out for coffee and cake with a friend at a local restaurant in Fresno. As the two friends left the restaurant, two men on stolen motorcycles drove up to the curb. One of them grabbed Kimber's purse. When she put up a struggle, the assailant stuck the barrel of a gun in her ear and pulled the trigger and killed her (cite this). There is also the story of Polly Klaas who was kidnapped from her bedroom, raped and strangled by a man named Richard Allen Davis. He eventually confessed and led the police to the shallow grave where he had buried Polly on December 4th, 1993. Davis had a rap sheet that included robbery, burglary, assault, rape, and kidnapping that stretched over 26 years ("Polly" 1995). When discussing these types of stories, a tough law like three strikes seems very reasonable and practical. The original intent of the law was aimed at keeping violent criminals in prison and off of California streets. However, many of the criminals being sent to jail under the three-strikes law are non-violent repeat offenders, and this fact has led to much controversy amongst California residents and lawmakers ("Are Three-Strikes Laws Fair and Effective" 2004).
BACKGROUND
In 1994, California voters approved a ballot initiative known as "Three Strikes and You're Out." The three strikes law basically means that a third offense, even a misdemeanor, can send a person to prison for a 25-years-to-life sentence. When criminals have two strikes against them, it is thus
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very possible that they could spend the rest of their life in prison if convicted of a third offense, even if it is simply petty theft. Also, a person's first and second strikes can originally be misdemeanors, but the prosecutor can "wobble up" those misdemeanors to felonies if they choose ("Fight against flawed 3-strikes law must continue" 2004). Of the 26 states that currently have a three strikes law, California's is the toughest and the harshest. Researchers at the University of California, Berkley, estimated in 1999 that more than 90% of the three strikes sentences handed down nationally were in this state ("California voters to get a swing at three strikes" 2004).download full paper ⤓
By 2003, the majority of those sentenced under the three strikes law to 25-years-to-life in prison were for non-violent crimes. The Department of Corrections reported that 58% of third-strike cases were for property, drug, or other non-violent crimes ("They Changed Their Minds on Three Strikes" 2004). An example of this is the case of Leandro Andrade. In 1995, Andrade was charged with stealing $153 worth of videotapes from two different Kmart's and was sentenced to life in prison with no chance of parole for 50 years. Andrade was a heroin user who in the 1980s had been convicted of various non-violent crimes. Because of these minor prior convictions, he was sentenced under the three strikes law ("Three Strikes and You're in" 2004).
Problem Statement
The controversy of the three strikes law continues not only in California, but nationwide. On the one hand are those who continue to support such legislation because they believe it is a successful means of reducing crime. On the other hand, are those who recognize the inconsistencies and faults and want to or rewrite or completely eliminate the laws as it now stands. This present study is concerned with how individuals are deciding whether or not to continue this legislation. Studies clearly show that people's choices can be determined by a wide range of factors: research and study, authority figures, emotional appeal, peer pressure, personal belief system, societal values, etc. The students at xxx State University are a microcosm of the larger national population. As such, looking at their decision-making process could give some insights into how pro/con choices are made in general and, in particular, with the Three Strikes Law. The purpose of this paper is thus to define some of the major factors that influence the students' perceptions of the effectiveness of three strike laws.
Professional Significance of the Study
Many people who were in favor and strong proponents of passing the three strikes law in 1994 on a vote called Proposition 184, have since changed their minds. Many feel that the three strikes law was never intended to be used to sentence people like Andrade. A number of the law's opponents say that crimes that are usually prosecuted as misdemeanors should not be allowed to put a person in prison for life. They also argue that violent crime has not been reduced because of the law but has rather created new problems, such as overcrowding in prisons and the high costs associated with housing these prisoners ("They Changed Their Minds on Three Strikes" 2004).
The supporters of the three strikes law say that the law sends a message to career criminals and gives less discretion to judges that tend to be lenient when it comes to sentencing these criminals. They also argue that the number of offenders and the projected costs of housing the prisoners have been less than was originally anticipated.
In 2004, opponents of the three strikes law succeeded in getting Proposition 66 on the ballot of the November election. Proposition 66 stated that the law should be changed to require that a third strike must also be a serious or violent felony and that it would penalize sex offenders more harshly and eliminate certain crimes that qualify under the current three strikes law. Also, people already sentenced under the three strikes law would receive new sentencing hearings or could possibly be retried ("Three Strikes Measure Might Free Many More Prisoners" 2004). This proposition was not intended to do away with the three strikes law but to change the way the law is applied. Proposition 66 failed to pass by a vote of 53% to 47%.
Now, many years after the law was passed, the legislation continues as it was first designed regardless of the controversies surrounding its effectiveness. The law has withstood several visits to the Supreme Court only to be labeled constitutional. It was seen with the 2004 vote that California residents are changing their attitudes regarding the effectiveness and fairness of the law. With new facts on the law regularly becoming available do such beliefs continue to change? Are more people questioning the value of this legislation? If so, why? If not, why are they retaining their original beliefs? This research hopes to 1) identify the current beliefs in regards to the Three Strikes Law and 2) try to determine what specific factors form individuals' perceptions on the effectiveness of the law.
Add: Overview of the Methodology
Limitations of the study. This research was limited to students at a single suburban community college. Not all students will have a clear knowledge of the subject matter and their responses could vary greatly. The state in which they live does not use the Three Strikes Law and does not use the death penalty. Answers may not be offered from personal experience and will vary based on information learned from outside sources.
LITERATURE REVIEW
In order to gain a better idea of how individuals' perceptions are formed regarding the Three Strikes Law, it is first necessary to see how this law has impacted the state and the nation as a whole. According to Lott (1999), scholars have studied both theoretical and empirical issues involving crime and punishment, yet the theory "has often 'outrun' the empirical work. Policy makers are told the possible factors on which optimal penalties should be formed, but not how they should actually set the penalties. Thus, penalties can take many forms that may or may not have the desired outcomes. The three strikes law provides a good example.
In a historical overview, Marvell and Moody (2001, pg. 89) note that between 1993 and 1995, 24 states enacted "three strikes and you're out" laws that consisted of release for at least 25 years on a third conviction of a violent crime (Journal of Legal Studies, 2001). The crimes include murder, rape, kidnapping, aggravated robbery, aggravated assault, and sexual abuse. Some states included additional crimes, such as firearm violations, burglary and robbery. California' law differs considerably from other laws (punishment pp. 19-20) in that other states only target violent crime; California included residential burglary as a felony that qualifies as one of the strikes; burglary is a far more common crime than one of violence and thus this greatly expands the number of potential three strikes cases. It also raises a number of problems of proportionality of penalties; burglary on the third offense can lead to a twenty-five-to-life sentence. The overall rationale of these laws was that longer prison terms reduce crime by deterring and incapacitating the most active and dangerous criminals. That is, that everything being equal, a person will… READ MORE
Quoted Instructions for "Three Strikes Laws" Assignment:
“The first section is from the class. It is the guidlines for the paper. It is APA format. The teacher knows I am not too good at this so it does not have to be too fancy. He said he does not care how short it is. Just show the correect format so keep it short as possible. After I send this in I will e-mail the paper I turned in for chaper one of the paper. It has corrections from the teacher.
The main Idea is how the Three Strikes Laws have effected corrections and society. Try and determine if the law is just and if it is working. The survey will try to determine what the views of college students are regarding the Three Strikes Law.
* CAPSTONE
GUIDELINES
SCHOOL OF LAW ENFORCEMENT
AND CRIMINAL JUSTICE
[The first page of your paper will consist of the following:]
Title of Capstone Paper: (Type title here)
Name of Candidate: (Type your name here)
Approved: _______________________________
Date Approved: ________________________________
The second page of your paper will consist of the following:]
TITLE OF YOUR CAPSTONE PAPER
BY
YOUR NAME
A Capstone paper submitted in partial fulfillment
of the requirements for the major in
LAW ENFORCEMENT
(or CRIMINAL JUSTICE)
Summer 2006
[The third page of your paper will consist of the following:]
(Important! Please use “sub-headings” under each chapter)
TABLE OF CONTENTS
Page
Chapter 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 2: Review of the Literature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3: Methodology . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 4: Analysis of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 5: Discussion and Implications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendixes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Questionnaire or Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Qualifications of the Researcher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CHAPTER 1
INTRODUCTION
Introduction
Background of the Study
The Problem Statement
The Professional Significance of the Study
Overview of the Methodology
Delimitations of the Study
Definitions of Key Terms (This must be conceptual definitions)
CHAPTER 2
REVIEW OF THE LITERATURE
Please note that:
20 sources are required for the Review of the Literature. Make sure to include those sources in the text AND in the reference section.
7 out of the 20 sources must be from academic/scholarly journal articles.
o If you are not quite sure what academic/scholarly journals are, please check the following site. http://webct3.metnet.edu/SCRIPT/MSUC635/scripts/serve_home
o Remember, academic (scholarly or peer review) journal articles must be “published” in “scholarly/academic journal.” If the article you’d like to use is not published in a scholarly/academic journal, the article is not an academic journal article. For example, government reports (e.g., NIJ research papers), or non-published research reports, trade magazine (e.g., FBI Law Enforcement Bulletin) articles are NOT scholarly journal articles.
CHAPTER 3
METHODOLOGY
Introduction
Population and Sample
Study population (A group of people from where you select your sample, e.g., officers from Minneapolis police department, students from metropolitan state university, etc.)
Sampling method: probability sampling? Or non-probability sampling?
Data Collection Method
How did you distribute your survey questionnaire?
When did you distribute your survey questionnaire?
Variables
Independent Variables
Dependent Variables
Research Hypotheses
Operational Definitions
Operational definitions are defined by researchers. Since you’re the researcher of your research, it is up to YOU how to define operational definitions. For example, let’s suppose one of your hypotheses states as “younger officers are more likely to have positive perceptions of community policing than older officers.” How would you like to measure or define “younger officers” and “older officers.”
CHAPTER 4
ANALYSIS OF THE DATA
Introduction
Description of Sample *
Demographic variable descriptions (e.g., gender, age, race, etc.)
Social variable descriptions (e.g., rank, place of residence)
Descriptive Statistics *
Description of variables
Hypothesis Testing: *
* When you present tables… Usually, the tables should be followed right after you mention the table. For example, “table 1 provides information on…..”
Table 1 should be inserted here.
Also, please keep in mind:
Number each table/chart.
Name each table. e.g., Table 1. Gender Distribution
Briefly (one or two sentences) explain each table below the table. e.g., According to the table 1, approximately 48% of respondents are male (N=15)…..
CHAPTER 5
DISCUSSION AND IMPLICATIONS
Introduction (provide a brief review of what the study was about; the purpose of the study, your sample demographics, and how your data was gathered)
Discussion of the Study findings (e.g., Restate your hypotheses. You may want to summarize your research findings. Additionally, if your hypothesis is not supported, please explain why you think it is not supported. )
Relationship of the Current study to Previous Research (Is your research finding consistent with previous research you documented in your literature review? In other words, did (or did not) your research findings confirm previous research findings? )
Policy Implications (implications for policy)
Limitations of the Study (Your research is limited in terms of ….)
Future Research Implications (Recommendations for further research)
WRITING STYLE AND CITING REFERENCES
1. Number the first page of text (Chapter 1) as page 1
(centered bottom). Subsequent pages are numbered upper right corner.
2. Footnotes: Footnotes are used for substantive comments (not for citation of references). Identify them in the text by consecutive numbers. Footnotes should be grouped at the end of each chapter, under the heading "Notes".
3. Headings and Subheadings: Center and capitalize major headings (For example, CHAPTER 2 or REVIEW OF THE LITERATURE). Subheadings are typed flush left, underlined, with only the first letter of each word capitalized. A third-order subheading is indented, underlined and followed by a period. It is the first line of the paragraph, so the text follows. Example:
Measures
Independent variables. (Text would follow)
4. American Psychological Association (APA) style guidelines must be used for in text citations and references.
5. Writing Style and Format: All material must be double-spaced, except quotations longer than four lines (single space and indent for quotations over four lines). References should also be single-spaced, with double spaces between each reference. Use 12 point font.
Abbreviations should be avoided. Write out all words. Do not right justify material.
Proofread, revise, and correct all writing errors. Your capstone paper should clearly communicate your thoughts and research efforts. It represents the final product of your research, and is the basis for how it is evaluated.
6. Preparation of Manuscript: The final copy that is bound with BLACK PLASTIC COVER will be on white paper (Do not use thin paper). Weight, color and texture of the paper must be uniform throughout the paper. Do not use hard to read dot matrix printers for your final copy.
Margins: Top edge 1 inch
Right side 1 inch
Left side 1 1/2 inches
Bottom edge 1 inch
Type should not extend more than one single space below the bottom marginal line and only then to complete the last line of a chapter, subdivision or table.
A new paragraph at the bottom of a page must have a least two full lines of type or it should begin the next page.
7. Tables: Tables must not be split to appear on two pages.
Tables of a half-page or less may appear on the same page with the text separated from the text above and below by triple spacing; if larger than half-page, they are better placed on a separate sheet.
Two or more small tables may be grouped together on a single pag
*****
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