by Elizabeth Kells

Created on: December 29, 2009

The Three Strikes Law went into effect in 1994 in the state of California with intent of lowering the crime rate. This law has many stipulations that would make living a crime free life appealing.    

2nd Strike earns double the normal sentence

3rd Strike earns a life sentence with release not being an option for 25 years.

No concurrent sentencing

Felonies included in consecutive sentencing are not limited

Time between convictions are not a factor

Diversion, probation, and suspension are not options

Prosecutors can dismiss prior felonies if deemed appropriate

Good behavior can only earn up to a fifth of a reduction of time  (Brown & Jolivette, 2005)

Deterrence Theory

The Three Strikes Law is a perfect example of the deterrence theory and it was created as such. The creation of The Three Strikes Law was to deter crimes in two different manners; the first was by removing the offender from the community for extended lengths of time which would keep them from committing crimes in that period.

The second manner affects those who might have committed a felony, but chose not to because the pleasure was not worth the pain of a long sentence. In order to be a deterrent there are factors that need to be present and this law has those factors.

Certainty - With The Three Strikes Law punishment upon discovery is a certainty. There is some discretion used by the judge on whether to use past offenses, but the punishment is a fact if three strikes is determined and even with two strikes.

Severity - The thought here is, if the punishment is more severe then there will be less crime. The Three Strikes Law does offer up more severe, two strikes earn a doubled sentence term and the third earns life, release not being an option for at least 25 years.

Speed - In reference to this law, speed of the actual punishment might be slow in coming, but it is quickly known that a severe punishment will be given.  (Brown, 2007)

With all of the stipulations in place and the deterrence factors playing a part, it would make sense to see a steep decrease in crime rates; however, that has not been the case.

It is true that the crime rate did drop, but it was a drop that had started before the implementation of The Three Strikes Law in 1994. There was a continued drop on a national scale, but in California, it had dropped even more than the rest proving to some that the law did indeed make a difference.

However, was the difference truly an affect of the law?

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