Objectives:To highlight a profound public policy issue that surrounds criminal justice.To illustrate the issue with an ethical paintbrush.. Photograph: http://goldenkeyhq.files.wordpress.com/2009/09/ethics-sign1.jpg . Three-strikes Legislation in California. Proposition 184: the answer to California's problems?The catalyst of the
1. Three-strikes law as an Ethical dilemma Presented By: Joanne Davis and Alex Nguyen
To highlight a profound public policy issue that surrounds criminal justice.
To illustrate the issue with an ethical paintbrush.
3. Three-strikes Legislation in California Proposition 184: the answer to California’s problems?
The catalyst of the “Kimberly Reynolds” murder.
4. General Facts The Three Strikes law imposed longer prison sentences for certain repeat offenders. Most significantly, it required that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies receive a sentence enhancement.
Second Strike: If a person has one previous serious or violent felony conviction, the sentence for any new felony conviction (not just a serious or violent felony) is twice the term otherwise required under law for the new conviction.
Third Strike: If a person has two or more previous serious or violent felony convictions, the sentence for any new felony conviction (not just a serious or violent felony) is life imprisonment with the minimum term being 25 years.
Felony: There are three kinds of crimes: infractions, misdemeanors, and felonies. Felonies are the most serious type of crime, and offenders who commit felonies may be sentenced to state prison.
Violent Offense: State law (Penal Code [P.C.] 667.5) defines some felonies as “violent.” Examples of such felonies include murder, robbery, and rape and other sex offenses.
Serious Offense: State law (P.C. 1192.7) defines some felonies as “serious.” Serious felonies include the same offenses as violent felonies, but also include other offenses such as burglary of a residence and assault with intent to commit robbery.
5. Consequences of the Three-Strikes Law Imposes longer sentences to recidivists
Second Strike offenders
Third Strike offenders
A violent felony defined…
A serious offense
6. Issue Should the 3 strikes law be eliminated, altered, or kept the same?
7. Pros of the Three-Strikes Law Crime rate decrease since 1994-2008
After the Three Strikes Law
All States that impose this law seen a differences
8. Cons of the Three-Strikes Law
9. Cons of the Three-Strikes Law (cont’d) Cost & Clog
Deter of Crime: refer back to Pros/ Increase in Violence
Problems with the Judge ruling; Minority offenders; Consisted in ruling
10. Cons of the Three-Strikes Law (cont’d) Proposition 66
Families to Amend California’s Three Strikes:
11. A Modern Day Ethical Dilemma Discretion and the balance between justice and mercy
12. A Modern Day Ethical Dilemma (cont’d) Kidder’s paradigms and the recognition of a justice v mercy dilemma
The expansion of judicial discretion since the Romero case on where misdemeanors are the third strike
“in light of the nature and circumstances of…[the] present felonies and prior felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit… and hence should be treated as though he had… not committed one or more felonies…”
But how does an individual choose the ‘right’ thing to do in such an ethical dilemma?”
13. Justice A small population that commits the majority of crime
Opposition to proposition 66 and the need to continue protecting society
Governor Schwarzenegger’s “justice approach” to 3-strikes legislation
14. Mercy Misdemeanors counted as a third strike?
The murder of Polly Klaas, yet her father’s determination to ensure fairness in the application of the 3-strikes system
Jerry DeWayne Williams, the “pizza thief” third-striker
15. Conclusion Play/ Example of a dilemma and ruling of a Judge