How to Determine if the Three Strikes Law is Working

During the 1990s, a crime wave swept the country and in an effort to minimize the crime rate, many legislators began passing laws that targeted repeat offenders. These laws became known as "three strikes laws" because they required mandatory sentences for offenders convicted of three or more felonies on separate occasions. Three strikes laws have been enacted by multiple state legislatures across the country.

Instructions

Difficulty: Moderately Easy

1. Research crime rates across the United States throughout the 1990s. Many large cities, especially in California and New York, were experiencing an unprecedented level of crime. In addition, gangs were gaining in popularity as was gang violence. Increased crime rates left law enforcement and legislators powerless to keep citizens safe, and led to an extreme form of deterrence.
2. Familiarize yourself with the Polly Klaas case. Polly Klaas was a 12- year-old murder victim from California. Her kidnapping received the national spotlight, and was the event that propelled the three strikes law in California where it is most severe. Klaas' murderer had a long criminal history and her father was a major supporter of Proposition 184, the ballot initiative for California's three strikes law.
3. Get informed about the theory of deterrence. The theory of deterrence is what propelled the three strikes laws across the country. The idea being that if career criminals charged with multiple felonies cherished their freedom, spending 25 years to life in prison would serve to deter them from committing more crimes. The increase in violent crime in the 1990s is likely the cause of California's severe policy.
4. Examine crime rates since the enactment of three strikes laws across the country and compare to crime rates before three strikes became law. If the respective governments of the country have effectively calculated a high enough cost for a particular crime, crime rates should have significantly reduced in that time. However this is a red herring argument because many can (and do) argue that crime may have simply gone down because most of the criminals are in prison.
5. Question punishment versus rehabilitation. This is one of the best methods to determine success or failure of three strikes laws across the nation. If prisons are taking steps to rehabilitate prisoners, the issue of deterrence should work in conjunction with rehabilitation. Conversely, prisons that simply punish and provide no additional services to prisoners are likely to reduce more non-rehabilitated criminals.
6. Have recidivism rates decreased since three strikes became law? Recidivism rates measure how often and the frequency with which offenders repeatedly commit crimes after prison sentences. Recidivism is linked with deterrence, although both are rarely discussed in terms of how they impact each other. A law intending to deter repeat offenders should carefully measure recidivism rates to determine if such legislation is working and whether it should be reconsidered.