Three Strikes Law in South Florida - Essay Example

? Three Strikes Law in South Florida Three Strikes Law in South Florida In the beginning of 1993, the federal government adopted anew approach in serving justice to repeat offenders. Twenty-three states adopted the three-strike law including South Florida. The version of the three-strike law varied from state to state, but the law generally reduced the judicial discretion through the mandating severe penalties for third felony convictions. The main factor contributing to the rise of the three-strike law in South Florida and other states is the fact that the crime rate was on the increase. The passage of the three strike laws in most states worked to reduce the crime rate but this law had its setbacks. The three-strike law had a limited impact in most states including South Florida on the federal system. This is evident from the fact that the number of convicted felons under the three-strike law was very little. The number of convicted felons under the three-strike law over fifteen states ranged between one and six people. Therefore, the effectiveness of the three-strike law was in question especially in south Florida. The lack of effectives of the three strike laws in South Florida was due to the poorly structured government drafted laws. This resulted in pressures to eliminate the three strike laws (Domanick, 2004). The three-strike laws in South Florida were expensive to implement. This is evident from the additional costs incurred for pre-conviction jail time. There are also more costs incurred in case processing and trials whereby defendants facing three strikes choose the option of going to trial as opposed to pleading guilty. There was also an increase in the number of the number of prison convictions on third and second counts. This resulted in overcrowding of prisons and hence more expenses incurred from prison building costs. Increased length of prison sentences has led to long-term costs. This is evident from the fact that the costs incurred from the incarceration of older prisoners are three times that of healthy younger inmates. The three-strike law did not have the expected effect on crime in South Florida and other states, in the United States. This is because of the reason that that repeat felons in South Florida were already faced with life sentences before sentencing under the three-strike law. The impact of the three strike laws was to imprison less serious offenders whereby they were subjected to longer sentences for less serious offences. The law also affected less serious offenders such that it resulted in the longer sentences being served to offenders, as they are aging from their crime prone years (Three strikes law: sentencing: statute, 2007). The three-strike law had uneven and unintended impacts in South Florida. One of the impacts is witnessed from the long-term prison sentencing of less serious crimes. This effect was witnessed throughout the states implementing the three-strike law. The application of the three strike law had and uneven implementation depending on the state jurisdictions. Hence, this has resulted in bargaining and pleas from defendants, which come off as a hindrance to justice. This fact alone has resulted in the pressure to eliminate the three-strike law in South Florida. The three-strike law promoted racial disparity. This is evident from the fact that the fact that the impact of the three strike convictions were observed to disproportionately affect the African-Americans. This was observed in the South Florida the number of convicted African-American felons increased with the strikes of convictions. Hence, this comes off as a racial bias in the implementation of justice within the federal system. This therefore resulted in the elimination of the three-strike law in South Florida (Shichor, 1996). The application of the three-strike law had a very insignificant effect on the deterrence of crime in South Florida. This is due to the reason that the threat of punishment under the three-strike law had no impact of criminal behavior because the criminals operate on the belief that they will not be caught. Another point of consideration is the fact that the criminals are usually intoxicated when committing crimes. Therefore, the criminals are not in a position to come to terms with the consequences of their behavior. Criminals are also ignorant about their crime status. This is evident from the fact that prisoners enquire about their strike status. Hence, it is evident that the three-strike law had a very little effect on crime deterrence and hence the buildup of the pressure to eliminate the law (Three strikes law: sentencing: statute, 2007). The three-strike law also had a negative impact on the repeat criminals. This is evident from the fact that the repeated incarceration of criminals raised mental health concerns. Surveys conducted in South Florida revealed unusual patterns of behavior among prisoners whereby suicide attempts were on the increase among third strike prisoners who were awaiting trial. Third trial prisoners faced severe punishments, which included the serving of prison sentences of over twenty years. The cases of suicide attempts were rampant among criminals who faced life sentences throughout the states implementing the three-strike law. According to experts, depression was among the factors promoting mental health concern among prisoners. The three-strike law would also result to the release of unstable criminals into the public after completing their sentences. Hence, this promoted the buildup of pressure to eliminate the three-strike law (Walsh, 2007). The three-strike law promoted prison overcrowding. The overcrowding in prisons was determined from projections that determined that the space in the prisons has to be increased significantly. This is due to the reason that repeat offenders consumed prison resources. Prisoners convicted on a third strike served longer sentences, which ranged from twenty years to life sentences. Therefore, an increase in the number of inmates convicted under the third strike would have a negative impact on the justice system whereby there would be limited prison resources for newly convicted offenders. Overcrowding in prisons would also result in the early release of prisoners before the completion of their sentences, in order to create space for felons who are newly convicted (Three strikes law: sentencing: statute, 2007). Safety concerns were on the increase among the residents in South Florida because of the implementation of the three-strike law. The safety of the police officers in south Florida and other states implementing the three-strike law was on the increase. This is witnessed from the fact that criminals arrested on third strikes have nothing to lose in resisting arrest. Therefore, this poses a threat to law enforcement officers, as they are prone to injuries that may result in the loss of life because of the resistance of arrest by felons. Safety concerns also crop up in prisons and jails because of overcrowding. Prisoners facing sentences on a third count lack the moral obligation to behave and hence pose a high risk to fellow inmates and prison staff (Shichor & Sechrest, 1996). The consequences and costs of the implementation of the three strikes law should be closely evaluated. This is through the determination of whether the three strikes law is enhancing or reducing public safety because of the implementation of this law. This is because the implementation of this law in South Florida has resulted in overcrowding in jails. In order to create funds to cater for the increased prison costs, funds are diverted from social and education programs to ensure that crime is effectively put under control. Among the greatest challenge politically and emotionally in the judicial system is protecting the community from repeat violent offenders. This is among the top priorities of the United States government. The problem that the three strikes law faced is the lack of focus in its implementation and drafting. Serious discussions should be held on how to significantly reduce violence and crime comprehensively thought a range of educational, social, health and justice systems interventions. References "Three strikes" law: Sentencing: statute. (2007). Sacramento, CA: Secretary of State, Elections Division. Domanick, J. (2004). Cruel justice: three strikes and the politics of crime in America's golden state. Berkeley: University of California Press. Shichor, D., & Sechrest, D. K. (1996). Three strikes and you're out: vengeance as public policy. Thousand Oaks, Calif.: Sage Publications. Walsh, J. E. (2007). Three strikes laws. Westport, Conn.: Greenwood Press. Read More