Criminal Justice Policy Development for a Diverse Nation

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gurb357

Business Finance

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Assignment Guidelines total of 2 - 4 new pages

  • First, revise your Week 4 Key Assignment based on your instructor's feedback and peer responses.
  • In Week 4, you developed a policy regarding the three strikes laws in the State of California. Now, the state has decided to try to revamp other systems within the government to accommodate more diverse populations. The three strikes laws are now causing a problem for the correctional institutions in the United States. Now, there is an older inmate population because of the aging of the population.
    • Locate and analyze the current problems pertaining to the three strikes laws and incarceration.
    • For this assignment, you will develop a policy change to address prisoners who have been sentenced under these three strike laws and have reached the age of 60.
    • In your policy, address the following:
      • Describe your proposed policy in detail, and provide the specific language you would propose to be part of any statute or regulation that results from your proposed policy.
      • What information could you provide to the community and the state legislature to implement such a policy change?
      • What would be the advantages of this policy? Explain and provide support for your arguments.
      • What would be the disadvantages? Explain and provide support for your arguments.
    • You should use the same format that you used for your Week 4 Key Assignment Draft policy.
  • Address the following in 1-2 pages:
    • What effect would your corrections policy have on the state budget and state taxes? Explain.
    • How have you ensured that your second policy effectively utilized the feedback you received for your three strikes policy from Week 4? Be specific and explain in detail.
  • Remember to support your policy with scholarly and academic resources.
  • Be sure to reference all sources using APA style.

Professors comments on phase 4 project (Total points earned (rounded): 130 out of 150 (87%).
Task Requirements points earned: 33.75 out of 37.5 (90%).
Demonstration and application of knowledge points earned: 70.13 out of 82.5 (85%).
Academic writing and format points earned: 26.1 out of 30 (87%).
Late Penalty: 10%
Strengths: Well written and organized project. Excellent use of resources. You completed a majority of the task requirements. Great discussion and analysis regarding the Three Strikes Law. Good discussion regarding the effect your policy would have on correctional system..
Opportunities for improvement: Good policy recommendation, but always remember to argue both sides of every issues Also, your project could have include more detail and substantive analysis regarding what impact your policy would have had on state budget and state taxes. Some minor spelling and grammar errors found. .
Additional Comments: Overall excellent job. Project submitted one day late, a 10% late penalty applied.)

Unformatted Attachment Preview

Running head: THE THREE STRIKES LAW IN CALIFORNIA The Three Strikes Law in California Theodore Proia December 12, 2018 1 THE THREE STRIKES LAW IN CALIFORNIA 2 The Three Strikes Law in California Introduction The three strikes law in California results in a mandatory sentence of twenty-five years to life in prison for any repeat offender convicted to three qualifying felonies. However, the use of the three strikes law may have some discrepancies thus the need to have policies. Policies in the criminal justice system guide the officials and are useful in cases with high levels of discretion (Landix, 2011). Policies offer a way of dealing with the presence of crime as well as handling the offenders. The policy to use in the three strikes rules in California would state that any individual participating in a felony is liable to the three-strike law. However, the three-strike would apply to repeat offenders with a history of a felony crime. Even though some people do not agree with the three strikes law and seek the development of a policy to guide the law, it deters crime by dramatically increasing punishment for convicted felony offenders who have previously committed more than one felony thus discouraging people from committing offenses because of the arrest the individual may face. The Three Strikes Law in California California imposed a radical new set of law and sentencing regulation in 1994 that called for incredibly harsh penalties for previously convicted individuals for felony cases. The primary goal for the imposition of the law is for the deterrence of individuals from committing crimes. However, the law has resulted in some of the unjust sentences where some of the criminal defendants receive harsh penalties for minor offenses. Such discrepancies necessitated California to take steps to mitigate the negative consequences that arise from the law on the sentencing provision (Chen, 2008). Even with the development of new ways to minimize the negative consequences, the three strikes law still pose a serious threat to individuals committing a felony with a history of previous felonies. THE THREE STRIKES LAW IN CALIFORNIA 3 The developed policy of the three strikes law that allows for sentencing criminals with two or more felony crime allows prosecutors the freedom of manipulating the third strike and calling for a severe sentence. However, the prosecutor cannot use the law in individuals with previous misdemeanors since the policy states only for individuals with felony crimes. It is inevitable that criminal acts presently can inflict upon several victims or different harm on the same victim in certain nature (Sutton, 2013). The law dictates that the liability should equal the number of victims or the offenses the individual faces. Criminal law protects crime and deters offenders as well as reform offenders thus the charging of an individual of multiple counts on a similar offense. Multiple Counts Since the developed policy deals with the most severe crimes, it should ensure that each count would count as a strike. The need to use the counts as a strike is for the deterrence of criminals from committing serious crimes in one offense. The stipulation of the law states that any individual who commits a crime that involves three serious crimes such as aggravated robbery, rape, and murder in a similar offense would face the three strikes law and face the penalty that the law stipulates. The option of taking different counts on a similar crime presents another opportunity for prosecutors to manipulate the law since they would highlight the counts during court proceedings and push for the hard sentences. Limiting plea bargaining Prosecutors manipulating the law have been found to engage in some of the practices such as loading up charges against defendants with the aim of forcing the defendant to plea bargain. A plea bargain is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty for the prosecutor to drop one or more charges as well as reduce the charge to a less serious offense or recommend the judge a specific sentence that THE THREE STRIKES LAW IN CALIFORNIA 4 would be acceptable for the offense (Burke, 2007). The crowding of the criminal courts has increased the pressure on prosecutors and judges to move quickly in some of the cases. The need to move quickly in cases contributes to some of the plea bargainings in court where the prosecutor presents a deal to the defendant. However, some prosecutors load up defendants thus the need to set measures in place to limit prosecutors from loading up defendants with plea bargaining agreements. The United States witnessed a high number of cases settled through plea bargaining to depict the frequency with which prosecutors use against defendants. Prosecutors employ hard bargaining tactics contributing to often the highly coercive atmosphere of plea-bargaining that may result in an innocent defendant pleading guilty. It requires the development of a law that would address the issue of plea-bargaining by setting measures such as the limitation of hard prosecutorial bargaining on some of the sensitive cases. Besides, hard bargaining contributes to some of the issues in court such as undermining the representation of counsel that could result in preventing effective assistance when the defendant and the prosecutor are bargainings (Alkon, 2016). All parties should be involved during a plea bargain to ensure that no one is infringed, particularly the defendant where some prosecutors overload the defendant with some of the plea demands. Options for Punishing Offenders The United States criminal justice system has several options to use to punish offenders. The availability of the options allows for prosecutors and judges to pick the best option for the defendant. Even though some of the options to use in the criminal justice system may raise eyebrows among the public, particularly the one of supervised probation because of the costs involved in supervising the individual on probation, the court should employ them because of its value to the public. The public would require an explanation of the value of supervision. The explanation would entail the provision of previous statistics of the annual average that the government spends on the incarcerated individual and the ones THE THREE STRIKES LAW IN CALIFORNIA 5 under supervised probation. The statistics show that the government saves money through supervised probation instead of incarceration (Phelps, 2013). Saving money is through the reduction of the budget on some of the additional services for offenders. Imprisonment requires some other services such as the provision of food, living space, and guards that the government can reduce through probation where the individual would get some of the services in their homes. Probation would require some few officials to supervise the individual but cut the other services such as food and security that would save money for the government. Besides, the supervised individuals on probation engage in some of the practices within the community such as clean-up that would have forced the government to employ some other people to do the work. Even with the criticism, three strikes law has some positive results by keeping the recidivist criminals off the streets for more extended periods as well as contributing to the prevention of the individuals from committing additional crimes and harming the society. Furthermore, the law prevents the release of individuals with a criminal history by taking the focus off the crime and emphasizing on the criminal (Chen, 2008). The criminal justice system faces additional pressure for the consideration of the defendant's criminal history when sentencing the individual. It is positive in the deterrence of crime since most of the individuals liable to the law would avoid crime since they would not want to face harsh penalties. Public's perspective The public would approve the policy because it ensures the minimization of crime within the community. The community wants to live in an area that is safe and free from crime thus the need to uphold the policy that would safeguard the community's rights. Besides, the Constitution wants people to live in an area peacefully without disturbances. THE THREE STRIKES LAW IN CALIFORNIA 6 Politicians can use the three strikes law by telling the people that the policy would prevent career criminals from costing the society by inflicting human suffering as well as reducing crime scene investigation, apprehension, and prosecution. Some of the activities within the criminal justice system cost the taxpayers a lot of money thus the need to minimize the expenditure through the establishment of policies that would ensure the maintenance of their most treasured possessions as well as ensuring their safety. Moreover, the policy advocates for the use of the law on individuals with serious crimes only while the individuals charged with misdemeanors face lighter sentences. It, therefore, encourages the public to uphold the policy. Conclusion The three strikes law has had mixed reactions since its inception where some of the people feel that it is not efficient whereas some people applaud it. Even though some people do not agree with the three strikes law and seek the development of a policy to guide the law, it deters crime by dramatically increasing punishment for convicted felony offenders who have previously committed more than one felony thus discouraging people from committing offenses because of the arrest the individual may face. The public would applaud the policy because of its reduction of crime within the country. THE THREE STRIKES LAW IN CALIFORNIA 7 References Alkon, C. (2016). Hard Bargaining in Plea Bargaining: When Do Prosecutors Cross the Line. Nev. LJ, 17. Burke, A. S. (2007). Prosecutorial passion, cognitive bias, and plea bargaining. Marq. L. Rev., 91. Chen, E. Y. (2008). Impacts of “three strikes and you're out” on crime trends in California and throughout the United States. Journal of Contemporary Criminal Justice, 24(4), 345-370. Landix, C. D. (2011). California's three strikes law: A policy analysis. Phelps, M. S. (2013). The paradox of probation: Community supervision in the age of mass incarceration. Law & policy, 35(1-2), 51-80. Sutton, J. R. (2013). Symbol and Substance: Effects of C alifornia's Three Strikes Law on Felony Sentencing. Law & Society Review, 47(1), 37-72.
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Running head: THE THREE STRIKES LAW IN CALIFORNIA

The Three Strikes Law in California
Theodore Proia
December 12, 2018

1

THE THREE STRIKES LAW IN CALIFORNIA

2

The Three Strikes Law in California
Introduction
The three strikes law in California results in a mandatory sentence of twenty-five
years to life in prison for any repeat offender convicted to three qualifying felonies. However,
the use of the three strikes law may have some discrepancies thus the need to have policies.
Policies in the criminal justice system guide the officials and are useful in cases with high
levels of discretion (Landix, 2011). Policies offer a way of dealing with the presence of crime
as well as handling the offenders. The policy to use in the three strikes rules in California
would state that any individual participating in a felony is liable to the three-strike law.
However, the three-strike would apply to repeat offenders with a history of a felony crime.
Even though some people do not agree with the three strikes law and seek the development of
a policy to guide the law, it deters crime by dramatically increasing punishment for convicted
felony offenders who have previously committed more than one felony thus discouraging
people from committing offenses because of the arrest the individual may face.
The Three Strikes Law in California
California imposed a radical new set of law and sentencing regulation in 1994 that
called for incredibly harsh penalties for previously convicted individuals for felony cases.
The primary goal for the imposition of the law is for the deterrence of individuals from
committing crimes. However, the law has resulted in some of the unjust sentences where
some of the criminal defendants receive harsh penalties for minor offenses. Such
discrepancies necessitated California to take steps to mitigate the negative consequences that
arise from the law on the sentencing provision (Chen, 2008). Even with the development of
new ways to minimize the negative consequences, the three strikes law still pose a serious
threat to individuals committing a felony with a history of previous felonies.

THE THREE STRIKES LAW IN CALIFORNIA

3

The developed policy of the three strikes law that allows for sentencing criminals with
two or more felony crime allows prosecutors the freedom of manipulating the third strike and
calling for a severe sentence. However, the prosecutor cannot use the law in individuals with
previous misdemeanors since the policy states only for individuals with felony crimes. It is
inevitable that criminal acts presently can inflict upon several victims or different harm on the
same victim in certain nature (Sutton, 2013). The law dictates that the liability should equal
the number of victims or the offenses the individual faces. Criminal law protects crime and
deters offenders as well as reform offenders thus the charging of an individual of multiple
counts on a similar offense.
Multiple Counts
Since the developed policy deals with the most severe crimes, it should ensure that
each count would count as a strike. The need to use the counts as a strike is for the deterrence
of criminals from committing serious crimes in one offense. The stipulation of the law states
that any individual who commits a crime that involves three serious crimes such as
aggravated robbery, rape, and murder in a similar offense would face the three strikes law
and face the penalty that the law stipulates. The option of taking different counts on a similar
crime presents another opportunity for prosecutors to manipulate the law since they would
highlight the counts during court proceedings and push for the hard sentences.
Limiting plea bargaining
Prosecutors manipulating the law have been found to engage in some of the practices
such as loading up charges against defendants with the aim of forcing the defendant to plea
bargain. A plea bargain is an agreement between the defendant and the prosecutor where the
defendant agrees to plead guilty for the prosecutor to drop one or more charges as well as
reduce the charge to a less serious offense or recommend the judge a specific sentence that

THE THREE STRIKES LAW IN CALIFORNIA

4

would be acceptable for the offense (Burke, 2007). The crowding of the criminal courts has
increased the pressure on prosecutors and judges to move quickly in some of the cases. The
need to move quickly in cases contributes to some of ...


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