Home | Articles | Book Page | Links | Mike's Corner | Search | Studies | Contact Us
 

imprisonment let alone even knows what the terms of imprisonment are. Therefore, it assumed that the length of the term was not a deterrent factor for the average individual. It was concluded that in general the average person does not commit crimes primarily because of their value system and, to a certain extent, the existence of punishment generally rather than the gravity of punishment for a particular crime.

 

Further, if the average law abiding citizen did not know the term for specific criminal behavior it was unlikely the average criminal knew what it was for purposes of initial deterrence of the commission of a particular crime. It was concluded that if any deterrent value existed in incarceration it was in the existence of incarceration as a clear inevitable consequence and not the length of the term for particular cnmes.

 

People who have a history of criminal behavior have already demonstrated that the length of incarceration itself, or other adverse consequences, had not and did not alter their behavior. Simply put, lengthening the sentences in individual crimes was not a deterrent because it was not a factor in the thinking of those who had a pattern of breaking the law and it was of little consequence to those who were law abiding in controlling their conduct.

 

The Three Strikes Law was not designed to deter the average citizen or to deter criminals by lengthening specific terms of imprisonment. Rather, to the extent that the existence of criminal sanctions have a deterrent effect on criminals, it was intended to convey the reality of punishment and its inevitability in stark terms. It sends a simple message that can be easily understood by those who engaged in repeated criminal behavior - further criminal behavior will result in severe consequences, disregard this message at your peril.

 

In An Essay on Crimes and Punishment (1764) Cesare Beccaria stated that "crimes are more effectually prevented by the certainty and the severity of punishment." The Three Strikes Law simply recognizes an age-old concept regarding making consequences clear and visible as a deterrent mechanism. To the extent that it has a deterrent effect, the

 
6

Next Page
or go to... 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20
21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39
40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48

 
Back the Badge
return to the Home Page...
Return to Home Page