My opinion on the case
This case serves as an example to how hollow the law is. The only remedy that the system can foresee is that the defendant will commit crimes repeatedly. There is no scope for rehabilitation. The system of Justice and prisons were implemented to prevent criminal behavior. The prisons of this nation are not dumping grounds for law. The Justice System should not view the Three Strikes Law as an option to lock up people. It should be used to ensure that recidivism is prevented by implementing rehabilitation programs for newly released convicts (FindLaw, 2014).
Review and apply the criteria used for this case for the Three Strikes Law
The criteria for the Three Strikes Law is for the defendant to have two priors in violent crime and for the present criminal charge to be tried as a felony. In this case, the defendant has a list of crimes that can be termed as nonlethal however; he has priors in violent crimes. He has also served time for those crimes. However, the present charge of shoplifting does not qualify as a violent crime. The value of the theft is also insignificant for it to be considered as a felony. The decision not allow the defendant to plead to a wobbler is quite unfortunate. The wobblers specifically exist for such situations (FindLaw, 2014).
Explain and evaluate two implications under the three strikes law
The first implication that is discussed is recidivism. The State intended this law to prevent recidivism. Yet, Californian State prisons are overflowing with prisoners. A stand-alone threat of a life sentence is not enough to keep career criminals away from crime. It has to be followed up with rehabilitation and restitution. Rehabilitation from substance abuse and restitution through employment. Prolonged imprisonment will also make the prisoner’s life devoid of relevance once he is released. All the skills he knew would be redundant and the only available earning avenue would be crime. The lack of such programs will only increase the prisoner strength. The second implication is the overcrowding of prisons. The cost of running prisons is running into billions of dollars. The Three Strike Rule has contributed heavily to this prison population explosion.
Discussion of my opinion on the relationship between Three Strikes Law and social justice
The Three Strikes Law has no relevance to social justice. The majority of the recipients of this Law’s third strike are African Americans. The prolonged jail terms deter the prisoner’s resolve to rehabilitate. Imagine having all your needs met for ten years and suddenly you have to fend for yourself. The reasonable outcome is recidivism. In addition depriving all the men from a certain community undermines the future of the next generation. Studies have indicated that 87% of children who find themselves criminal careers grow up without a father in the house. The U.S. President Barak Obama recently visited a church and raised the same concern. The Three Strikes Law with just prison sentences that keep increasing with each offence will not prevent recidivism. It requires support from the community and in its existing form, is a long way from that (IJRC, 2013).
References
FindLaw Staff (2014). "Three Strikes" Sentencing Laws. Retrieved from: http://criminal.findlaw.com/criminal-procedure/three-strikes-sentencing-laws.html
IJRC Staff (2013). Struggle for economic and social justice in the United States continues on MLK day. Retrieved from: http://www.ijrcenter.org/2013/01/21/struggle-for-economic-and-social-justice-in-the-united-states-continues-on-mlk-day/
