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Three Strikes and you’re out…Is this effective crime prevention?

Figure 1: Polly Klaus Memorial Photo. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/

Three Strikes Law: Overview

Polly Klaus abduction and murder by two-time convicted violent felon Richard Allen Davis in Petaluma, California ignited an uproar in the community (Fagan, 2013).

Three Strike Law was created on March 4th, 1994 with the intention of permanently reducing recidivism among violent felons (Helland & Tabarrok, 2007).

● A third offense (strike) would sentences a convict to a minimum 25 years to life in prison if found guilty.

Three Schools of thought:

1. Government advocates: help fight crime & reduce cost

2. Critics: create injustices, overcrowding in prisons and financial burden

3. Neutrality: “symbolic accomplishment” (Sutton, 2013).

Figure 2. Polly Klaus Reward Poster. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/

Policy Effectiveness

Mixed result among studies due to variations within the law in each state. Some states with criminals with two strikes against them, had an increased chance of a new felony conviction (Helland & Tabarrok, 2007). Others showed reduced recidivism while some showed an increase in violence and criminals are more likely to kill their victims so they are not caught (Marvell & Moody, 2001).

What is a strike? Variations of the law in each state mean that a non-felony can constitute a third strike. For example, Norman Williams stole two hand drills and the theft constituted his third strike offense (Bazelon, 2010).

8th Amendment Violation? Critics suggest this leads to a violation regarding a defendant’s eighth amendment right (Barnes, 2011).

Recommendations

Multi-focused resolution must exist to reduce the chance of an eighth amendment violation, reduce bias and actually reduce recidivism.

1st Step: Create a universal definition of the law relating only to violent criminals where a strike is defined as causing serious or potential serious injury or death to a person.

●Kheel (2010) goes further in a recommendation stating that if a second strike offender gets convicted of a non-felony conviction, the sentence would only be twice the length of the original sentence.

Recommendations

2nd Step: What is a violent criminal? The law would only pertain to a offenders to meet a certain psychological classification for a violent offender.

Facts

“Psychopathy as measured with the PCL-R was found to be a strong risk factor for violent reconviction, with twice the risk relative to that of non-psychopaths” (Grann et al., 1999).

“Most untreated sex offenders released from prison go on to commit more offenses — indeed, as many as 80 percent do” (Yoder, 2016).

Recommendations

3rd Step: Create a focused deterrence strategy for violent offenders

●Commission to keep defendants rights in check (Vitiello, 2004).

●Create focused deterrence: learn what makes a violent offender tick. Law enforcement, community and social services can create a strategy to identify and stop that criminal from pursuing another violent crime (Braga & Weisburd, 2015).

Figure 3. Life of Polly Klaus. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/

Resources

Barnes, R. (2011, June 09). Supreme Court continues to define what constitutes a 'violent felony’. Retrieved February 25, 2018, fromhttps ://www.washingtonpost.com/politics/supreme court-continues-to-define-what-constitutes-a-violent- felony/2011/06/09/AG9O3oNH_story.html?utm_term=.dd3 3cf3cbea3

Bazelon, E. (2010, May 21). Arguing Three Strikes. Retrieved February 25, 2018, from http://www.nytimes.com/2010/05/23/magazine/23strikes- t.html

Braga, A. A., & Weisburd, D. L. (2012). The Effects of Focused Deterrence Strategies on Crime: A Systematic Review and Meta-Analysis of the Empirical Evidence. Journal Of Research In Crime & Delinquency, 49(3), 323-358. doi:10.1177/0022427811419368

Fagan, K. (2013, October 02). 20 years after Polly Klaas killing, attitudes change. Retrieved February 24, 2018, from https://www.sfgate.com/crime/article/20-years-after- Polly- Klaas-killing-attitudes-4861976.php

Resources

Grann, M., Långström, N., Tengström, A., & Kullgren, G. (1999). Psychopathy (PCL-R) predicts violent recidivism among criminal offenders with personality disorders in Sweden. Law and Human Behavior, 23(2), 205-217. doi:10.1023/a:1022372902241

Helland, E., & Tabarrok, A. (2007). Does Three Strikes Deter? Journal of Human Resources,XLII(2), 309-330. doi:10.3368/jhr.xlii.2.309

Kheel, R. (2012). Three Strikes debate weighs effectiveness of law against need for change. The Bakersfield Californian. Retrieved February 25, 2018, from EBSCOhost .

Sutton, John R., (2013). Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing. Law & Society Review, (1), 37. doi:10.1111/lasr.12001

Resources

Figure 1: Polly Klaus Memorial Photo. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/

Figure 2. Polly Klaus Reward Poster. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/

Figure 3. Life of Polly Klaus. Adapted from, “Polly’s Story,” (n.d.). Retrieved April 06, 2018, from http://www.pollyklaas.org/about/