Up until the November elections of 2012, California was once regarded as the state with the harshest “Three Strikes” law in the country. Before Proposition 36 was passed, Prop 184, most commonly known as the “Three Strikes” law, imposed harsher sentencing for repeating offenders. When passed by voters in 1994, second time offenders received double the prison sentence of the first felony, while third time offenders would receive 25 years to life in prison. As a direct result of the “Three Strikes” law, in 2011 8,800 inmates were serving prison terms in California’s prison system. After passing with a 69% voter approval rating, Proposition 36 modifies parts of California’s “Three Strikes” law that would change future sentencing and would allow the possibility for re-sentencing for convicted felons.

Monday, November 26, 2012

Propostion 36: Life in Prison?


Main Idea

With proposition 36, I believe it will help correct the justice system. In California, if one gets commits three crimes then they could get life in prison. This new proposition would change this so an individual only goes to prison if their third strike was serious or violent. With this new law I feel like its more fair because it give an individual a chance. There are many circumstances in life and if an individual decides to turn his/her life around by ending their life in crime but ends up being blamed for a crime only to get them to prison, it doesn’t seem fair to give them life in prison. Life in prison is a serious time and one has to think of the affects it can bring to one. This new law will allow the right individuals to be put in prison and keep the ones that don’t deserve to be there out.

There are those who worry that it will cost the taxpayers a lot of money but according to Yeson36.org, it will actually save $100 million per year which will help fund schools, help fight crime, and reduce the chances of raising taxes.

Link and Analysis

In an article by Jacob Sullum, he explains on the affects proposition 36 will have. He explains that out the 300,000 in-mates in prison, they will be able to appeal their sentence and if “a judge determines that doing so would not pose an ‘unreasonable risk to public safety’” then they might be set free. According to a Stanford law professor Michael Romano, many inmates third strike are only for possession.

In another article of the State News Service, they state that California has an extreme way of carrying out sentences. Out of 4000 inmates that are in for life, 2000 of them are in their third strike for committing a nonviolent or a non serious third offense. Prisons are being filled up with people who deserved less time than they were given and are only just taking up space and state budget with their given prison sentence. With the new law, the state not only saves money but gets the correct prisoners into their time.

Some may argue that those that commit a crime again and again might be leading up to a worse crime from robbing your local pharmacy to killing an innocent by stander but that is just going to an extreme. There are people who commit crimes in order to feed their children because they could barely get by with what society gives them. Of course that does not mean that one should let people commit crimes because as the saying goes once you did the crime you got to do your time. Justice should be served but fairly. Giving a fair sentence is the proper thing to do in society because then we would just be putting people in prison for no good reason.

Sullum, Jacob. "Striking injustice: California sentencing reform." Reason Nov. 2012: 12+. General OneFile. Web. 26 Nov. 2012.

"US/CALIFORNIA: 'THREE-STRIKES' VOTE A HUMANE STEP PROPOSITION 36 STOPS LIFE SENTENCES FOR NONVIOLENT OFFENSES." States News Service 7 Nov. 2012. General OneFile. Web. 26 Nov. 2012.

Significant Quotes

“The state should not allow the misallocation of limited penal resources by having life prison sentences for those who do not pose a serious criminal threat to society. The punishment should fit the crime."-- Steve Cooley, Los Angeles County District Attorney

The part that I found most important of this quote is when he said that punishment should fit the crime and if not doing so it just and unjust punishment.

The Eighth Amendment to the United States Constitution states that "cruel and unusual punishments [shall not be] inflicted".

This quote is also important because even in the beginning of the making of this country, U.S. had made it clear in their constitution to not do any strange or cruel punishments.

Visual Argument & Analysis

In this cartoon, it shows two prisoners in a jail cell and one of the prisoners explains by saying “I tried to turn my life around and apparently I made an illegal U-turn”.

This was an interesting cartoon because it not signifies the fact that many prisoners are there because a small crime they’ve committed but it also signifies the fact that some are trying to turn their life around and in the end might be put to prison for something that might have been blame to on them. It does not seem right to send a person to jail just because they made a wrong turn or maybe just did not see the stop sign. Prison are being over crowded with many who don’t derserve to be there and with proposition 36 it helps fix that.
By Yanet Gutierrez

1 comment:

  1. I agree with your group's position on the three stikes law. An individual should not be sentenced to life in prison for stealing from a candy shop 3 times. Alternatively, a criminal who has committed 3 felonies should be sentenced to life in prision - it takes a very menacing and harmful individual to commit horrible crimes not once or twice, but three times. They deserve to be placed away from society based on their own actions.

    - Connor Moser

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