Proposition 36 Reverses Course on California’s Three Strikes Law.pdf

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California’s Three Strikes Law was enacted in 1994 and has had a significant impact on the state’s criminal justice system ever since. Under the law, anyone convicted of three felony offenses could be sentenced to life in prison for the third offense, regardless of its severity. Although judges had the discretion to “strike” the third strike and avoid a potentially disproportionate punishment, the law created some surprisingly harsh results, such as the widely publicized cases of individuals receiving life sentences for stealing a pair of socks or forging a check for $146, reports the San Jose Mercury News.

Law

Proposition 36 Reverses Course on California’s Three
Strikes Law
After nearly two decades with some of the nation’s toughest criminal sentencing laws, California residents voted in the fall of 2012
to ease the impact of California’s Three Strikes Law by passing Proposition 36. The change commits people convicted of a third
felony to life imprisonment in more limited circumstances than before, and it also provides some people who are currently
incarcerated under the law with the opportunity to seek relief from a life sentence.
California’s Three Strikes Law
California’s Three Strikes Law was enacted in 1994 and has had a significant impact on the state’s criminal justice system ever
since. Under the law, anyone convicted of three felony offenses could be sentenced to life in prison for the third offense, regardless
of its severity. Although judges had the discretion to “strike” the third strike and avoid a potentially disproportionate punishment, the
law created some surprisingly harsh results, such as the widely publicized cases of individuals receiving life sentences for stealing
a pair of socks or forging a check for $146, reports the San Jose Mercury News.
After almost 20 years with the Three Strikes Law in place, California’s prison population has expanded exponentially, so much so
that the state now spends more money on its prisons than higher education, according to the Huffington Post. Further, the state is
currently working to comply with a federal court order demanding that it reduce its prison population to alleviate crowded conditions
that were ruled inhumane and improper.
Proposition 36
Amid severe state budget shortfalls and a growing awareness of the problems associated with a simply tough-on-crime approach,
Proposition 36 was introduced to revise the Three Strikes Law. The measure passed, with 68.6 percent of voters in favor and 31.4
percent opposed, and now the Three Strikes Law can be used to impose a life sentence in one of two situations. First, a life
sentence may be imposed when the third felony is serious or violent in nature. Second, life imprisonment may be imposed for a
third felony if the individual has a prior conviction for murder, rape or child molestation.

In addition, Proposition 36 contained a provision that allows an estimated 3,000 individuals sentenced to life imprisonment under
the old Three Strikes Law to petition a judge for early release or a shorter sentence. ABC News reports that these hearings are
taking place and some carefully selected individuals – who are deemed not to pose a threat to public safety – may be released
soon.
A felony conviction can carry significant consequences, and any criminal charges should be taken seriously. If you have been
arrested on suspicion of committing a crime in California, contact a knowledgeable criminal defense attorney to begin your defense.

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Autobed Manufacturing Update Management Hijacking usability 4.3 2.5 3.5 4.5 telehealth Manufacturing Update Management Hijacking usability 2.4 4.4000000000000004 1.8 2.8 E Alert Manufacturing Update Man agement Hijacking usability 2 2 3 5 Scholarly Article Discussion: The Three Strike Law The three strike law was enacted on March 4th, 1994 in the hopes of permanently reducing recidivism rates especially among violent offenders (Helland & Tabarrok, 2007). The legislation, just as the name implies in baseball, sentences a criminal to a minimum 25-year sentence to life after their third offense, or strike. There are variations of the three strike law in different states, with California being the most aggressive state to adhere to the legislation. Proponents of the law believe that harsher penalties for repeat felons will deter them from committing more crimes; however, there is not enough wide-spread reliable data to support this conclusion. Critics claim that the three strike law is undefined which leads to a violation of a criminal’s eighth amendment right against cruel and unusual punishment coupled with a fiscal cost too high, that is overcrowding prisons and the legal system (Eaton, 2003). In the article, “Three Strikes and You’re Out: Enhanced Sentences for Repeat Offenders Research Pathfinder,” Lisa Eaton discusses the public’s concern with crime and the three strikes effectiveness on recidivism rates. She explains that the genesis of the three strike law began in Washington in 1993 and since then, more and more states began to adopt the legislation, but on their own terms. The intended criminal is the violent anti-social offender and states modified the law in their own way. The varied definitions include: different sentencings lengths, parole eligibility, the number of strikes required to trigger a mandatory sentence, the nature of crimes that qualify as strikes, the time elapsed between strikes, the type of felony that triggers the sentencing enhancement, and the degree of discretion permitted in invoking and applying the law (Eaton, 2003). California is one of the most well-known states to enact the law with, “36,043 ‘second strike’ and 4,468 ‘third strike’ convictions in California” (Eaton, 2003). Opponents of three strikes claim the law violates the eighth amendment right against cruel and unusual punishment considering a majority of three strike defendants are charged with petty crimes so their sentencing is “disproportionate” (Eaton, 2003). Eaton’s methodology focuses on each state’s three strike variation and uses legal periodicals, books, reports, treatise and individual/state cases and other secondary sources in an attempt to locate the most accurate and reliable studies. The article explains the difficulty in establishing the effectiveness of the law because of the variations within each state and inconclusive data showing long-term results. Eaton suggests each state can affect the outcome of a study.

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References Barrenger, S., Draine, J., Angell, B., & Herman, D. (2017). Reincarceration Risk Among Men with Mental Illnesses Leaving Prison: A Risk Environment Analysis. Community Mental Health Journal, 53(8), 883–892. https://doi-org.ezproxy.fiu.edu/10.1007/s10597-017-0113-z Garot, R. (2019). Rehabilitation Is Reentry. Prisoner Reentry in the 21st Century: Critical Perspectives of Returning Home. Hlavka, H., Wheelock, D., & Jones, R. (2015). Exoffender Accounts of Successful Reentry from Prison. Journal of Offender Rehabilitation, 54(6), 406–428. https://doi-org.ezproxy.fiu.edu/10.1080/10509674.2015.1057630 Ho, D. (2011). Intervention-A New Way-Out to Solve the Chronic Offenders. International Journal of Interdisciplinary Social Sciences, 6(2), 167–172. Mobley, A. (2014). Prison reentry as a rite of passage for the formerly incarcerated. Contemporary Justice Review, 17(4), 465–477. https://doi-org.ezproxy.fiu.edu/10.1080/10282580.2014.980968 Reisdorf, B. C., & Rikard, R. V. (2018). Digital Rehabilitation: A Model of Reentry Into the Digital Age. American Behavioral Scientist, 62(9), 1273–1290. https://doi-org.ezproxy.fiu.edu/10.1177/0002764218773817 Serowik, K. L., & Yanos, P. (2013). The relationship between services and outcomes for a prison reentry population of those with severe mental illness. Mental Health & Substance Use: Dual Diagnosis, 6(1), 4–14. https://doi-org.ezproxy.fiu.edu/10.1080/17523281.2012.660979 SHUFORD, J. A. (2018). The missing link in reentry: Changing prison culture. Corrections Today, 80(2), 42–102. Thompkins, D. E., Curtis, R., & Wendel, T. (2010). Forum: the prison reentry industry. Dialectical Anthropology, 34(4), 427–429. https://doi-org.ezproxy.fiu.edu/10.1007/s10624-010-9164-z Woods, L. N., Lanza, A. S., Dyson, W., & Gordon, D. M. (2013). The Role of Prevention in Promoting Continuity of Health Care in Prisoner Reentry Initiatives. American Journal of Public Health, 103(5), 830–838. https://doi-org.ezproxy.fiu.edu/10.2105/AJPH.2012.300961 Prison Reentry and Rehabilitation Recommendations Evidence based developed systems; since at the moment there is adequate research in this area it is important that systems that will be developed in future should look at previous research and how it was successful or not. Secondly Re-entry should be digitized, every aspect in our society therefore it makes sense where by re-entry programs are also digitized it will help to make the policy much more effective. Thirdly religion implementation in the re-entry programs should be intensified, as through evidence; religion has proven to be effective, rehabilitation and re-entry of the clients back to the society (Morag & Teman, 2018). Conclusion Re-entry has not been digitized whereby in this day an era every functioning aspect of our lives/society is on the internet. The re-entry programs seem to be a product of financial implications of the states rather than the greater good of reducing the incarceration numbers. One as ...

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Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. SUPREME COURT OF THE UNITED STATES ROPER, SUPERINTENDENT, POTOSI CORRECTIONAL CENTER v. SIMMONS CERTIORARI TO THE SUPREME COURT OF MISSOURI No. 03—633.Argued October 13, 2004–Decided March 1, 2005 At age 17, respondent Simmons planned and committed a capital murder. After he had turned 18, he was sentenced to death. His direct appeal and subsequent petitions for state and federal postconviction relief were rejected. This Court then held, in Atkins v. Virginia,536 U.S. 304, that the Eighth Amendment, applicable to the States through the Fourteenth Amendment, prohibits the execution of a mentally retarded person. Simmons filed a new petition for state postconviction relief, arguing that Atkins’ reasoning established that the Constitution prohibits the execution of a juvenile who was under 18 when he committed his crime. The Missouri Supreme Court agreed and set aside Simmons’ death sentence in favor of life imprisonment without eligibility for release. It held that, although Stanford v. Kentucky, 492 U.S. 361, rejected the proposition that the Constitution bars capital punishment for juvenile offenders younger than 18, a national consensus has developed against the execution of those offenders since Stanford. Held: The Eighth and Fourteenth Amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed. Pp. 6—25. (a) The Eighth Amendment’s prohibition against “cruel and unusual punishments” must be interpreted according to its text, by considering history, tradition, and precedent, and with due regard for its purpose and function in the constitutional design. To implement this framework this Court has established the propriety and affirmed the necessity of referring to “the evolving standards of decency that mark the progress of a maturing society” to determine which punishments are so disproportionate as to be “cruel and unusual.” Trop v. Dulles, 356 U.S. 86, 100—101. In 1988, in Thompson v.Oklahoma, 487 U.S. 815, 818—838, a plurality determined that national standards of decency did not permit the execution of any offender under age 16 at the time of the crime. The next year, in Stanford, a 5-to-4 Court referred to contemporary standards of decency, but concluded the Eighth and Fourteenth Amendments did not proscribe the execution of offenders over 15 but under 18 because 22 of 37 death penalty States permitted that penalty for 16-year-old offenders, and 25 permitted it for 17-year-olds, thereby indicating there was no national consensus. 492 U.S., at 370—371. A plurality also “emphatically reject[ed]” the s ...

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mattinsonjanel

Judson, K., & Harrison, C. (20 16). Law and ethics for the health professions. (7th ed. ). New York: McGraw- Hill. Law&Et cs FOR HEALTH PROFESSIONS KAREN JUDSON CARLENE HARRISON Key Terms 204 Privacy, Security, and Fraud LEARNING OUTCOMES After studying this chapter, you should be able to: LO 8. I Discuss U.S. constitutional amendments and privacy laws that pertain to health care. LO 8.2 Explain HIPAA's special requirements for disclosing protected health information. LO 8.3 Discuss laws implemented to protect the security of health care information as health records are converted from paper to electronic form. LO 8.4 Discuss the federal laws that cover fraud and abuse within the health care business environment and the role of the Office of the Inspector General in finding billing fraud. LO 8.5 Discuss patient rights as defined by HIPAA, the Patient Protection and Affordable Care Act, and other health care entities. FROM THE PERSPECTIVE OF . .. ANN, AN R.N. IN A TEXAS HOSPITAL FOR NEARLY 25 YEARS, remembers when patients' names were posted on the doors to their rooms. She and her colleagues once freely informed telephone call- ers and visitors how patients were progressing. Now, Ann remarks, because of federal legislation to protect the privacy and security of health care information, times have changed. "We have to be so care- ful about releasing any information that when my father's dear friend was admitted to my floor in the hospital where I work, I couldn't tell him that his friend had been admitted." From Ann's perspective, because she cares about her patients, she would like to be able to talk more freely with family members or friends who also care about her patients. But she is duty-bound to follow the law, and she knows the benefits to patients for laws that guard their privacy. From the perspective of friends and family members who call for information about a patient, the law is harsh and hard to understand. They are often angry when they cannot learn the status of a friend or loved one. From the perspective of some patients, the law sometimes feels over- protective and unnecessarily intrusive, but for others-such as the patient who has tried to commit suicide and failed, who doesn't want anyone to know he is in the hospital, or the battered spouse who doesn't want her abusive husband to find her-it's a safety net they can depend on. The United States Constitution and Federal Privacy Laws Contrary to popular belief, the term privacy (freedom from unauthor- ized intrusion) does not appear in the U.S. Constitution or the Bill of Rights. However, the United States Supreme Court has derived the right to privacy from the First, Third, Fourth, Fifth, Ninth, and Fourteenth Amendments to the Constitution. LO 8.1 Discuss U.S. constitutional amendments and privacy laws that pertain to health care. privacy Freedom from unaut horized int rusion. LANDMA ...

Judson, K., & Harrison, C. (20 16). Law and ethics for the h.docx

tawnyataylor528

Based on Activities from Chapter 8 in the material Robinson, M. B. (2013). Crime prevention . San Diego, CA: Bridgepoint Education, Inc., r espond to at least two of your classmates. In your responses to their posts, address the following: There is no minimum word limit for the response. Is there a crime prevention program in the policing or corrections areas that would complement the initiative addressed by your classmates? What concept or theory would support your position? Will the initiative positively or negatively impact social justice for all groups or just targeted segments of society? First Post: Court Initiatives The activity I will be addressing for my initial post is the Three-Strikes Laws. The Three-Strikes Laws are most notably used in California and is an example of a mandatory sentence. “Finally, mandatory sentences specify a sentence that must be served upon conviction” (Robinson, 2013). We often see or hear that someone was convicted of “fill in the blank” offense, but that because of a plea bargain or some other arrangement between the respective counsels’ that the sentence was lessened or may not be immediate. With the Three-Strike rules though, the sentence is mandatory and thus ties the hands of the Judge and prevents the shady attorney tactics that in other cases could get a proven criminal reduced sentencing. The premise behind the Three-Strike Laws is to target repeat offenders of violent crimes. This is good and bad. I believe it is good because it can do just that, lock away a violent criminal for good. However, once that happens what is the incentive for that offender to be a model inmate. If there is never a chance for them to breathe free air again they can become a cancer inside the prison walls. Creating riots, forming cliques, and being generally uncooperative. This becomes the bad. We tend to believe in rehabilitation and a Three-Strike inmate cannot be rehabilitated. On the flip side of that coin, some people are beyond rehabilitation. Probably my favorite TV show of all-time is The Shield and coincidentally it was about a police precinct based in California. The cops in the series used some, we’ll just say questionable tactics and in one of the episodes I remember one of the characters framing a two-time offender and calling him a three-time loser in the process. Basically, they guy was trying to avoid that third offense and the cops in the show used that fear to get him to cooperate with them, so he wouldn’t get framed for that third offense. At its core I think it’s a good law though, because it’s not like they didn’t know after their second violent crime that number three would land them in prison for the foreseeable future. Second Post: Three Strikes The Three Strike laws were established in the 1990’s. These were laws that were established because of citizens and lawmakers that were extremely tired of the repeat offender. The goal of the three strike law is to warn the cri ...

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