Third Strike! You're OUT!

In baseball it is easy to receive three strikes and be sent to the bench.  The cartoon tackles the issue of the three strikes law.  It is trying to portray how easy it is to “strike out” in California’s system.  It does not give a fair and equal chance with sentencing.  Petty thefts are being punished with 25 to life.  Cruel and unusual punishment? I’ll let you be the judge. 

The Nation's Harshest Sentencing Policing

California passed the nations harshes sentencing policy in 1994 in the response to a brutal murder of a young girl by a repeat offender.  There are around 8000 inmates in California that received the third strike and most of them are for non-violent crimes.  When the prison population is as high as it is, reform must be taken to keep non-violent third strikers out of prison. 

Three Strikes Reform Act

Reform is being considered for the three strikes law.  The three strikes reform act is under review which will make it illegal to issue a mandatory 25 years to life in prison without considering the seriousness of the crime or if it was a violent crime.  The California law is the only law in America which allows courts to issue this harsh sentence, even for petty theft.  

Deterrence: A Flawed Theory

Deterrence Theory

The idea behind deterrence is that punishment, or the threat of punishment, will keep people away from being involved in criminal activity. All mandatory minimum sentencing laws are based off of deterrence. In order for deterrence to be effective, punishment must be inflicted quickly, be severe, and must be certain for those that commit the crime. 

Celerity
The Sixth Amendment to the United States Constitution gives citizens the right to a speedy trial.  In order for deterrence to be effective, 'speedy' needs to be immediate. In our current system, the process takes too long for General Deterrence  to be have an impact.

Severity
Does the punishment fit the crime? That's a question that needs to be asked when addressing sentencing. In order for deterrence to work, the crime needs to be severe so it will deter people from committing that crime.  That is where mandatory minimum sentencing came into play.  The problem: the severity of the sentences has led to prison overcrowding and a whole slew of issues to countless communities in the United States.

Certainty
The certainty of punishment is the most important factor of deterrence.  It also happens to be the most flawed.  Clearly not all crime in the United States is acknowledged by law enforcement.  Because someone isn't necessarily going to be caught, many people will not be deterred from committing the crime.

Mandatory Minimum Reform is Needed

Population Rising
Since the federal mandatory minimum laws were passed in 1986, federal prison populations have soared to over 200,000 prisoners.  Over half of the prisoners are incarcerated for drug offenses.

What happened to Judicial Discretion?
Mandatory Minimums has stripped judges of their power to use discretion.  This power shift has given the power to prosecutors, who determine the charge. Mandatory minimums also fail to take into account an individual's personal circumstances.  The result is strict, and often, unfair sentences.

There is History of Punishment Reform

America: A History of Mandatory Minimums
Mandatory minimum sentences for federal drug offenses began in 1950 with the Boggs Act. Enhancements were increased on federal penalties for drug law offenses in 1956.  These laws remained on the books for 14 more years until the congress cleared the books on these laws. 

Erasing Mandatory Minimum Sentences: It can be done
In 1970, Congress passed the Comprehensive Drug Abuse and Control Act, which repealed the Boggs Act. The Democratic Congress cited that mandatory minimum sentencing were ineffective in combating.  The Federal Government restored mandatory minimum sentencing in the mid-1980's, but it is possible for sentencing reform.

The War on Drugs' Influence on Strict Sentencing

In order to understand our current punishment system (including its many flaws), one must look at how history has influenced sentencing.  A major contributor to our current mandatory minimum laws is linked to the War on Drugs, which was initiated during the Nixon Administration.  The Public Broadcasting System has a good timeline of the history of the War on Drugs.