Please follow directions needs to be a detailed Outline. 2 Pages single spaced.

Topic of paper- Prison Reentry and Rehabilitation

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I attached files of the instructions. Please Look at the Examples and use them as a guideline. I posted a previous assignment that can guide you, has the topic

and 5 major issues that are going to be covered.

You must submit a 2 page, single-spaced, detailed outline of your paper. The outline should include your introductory paragraph (and thesis statement), your overall opinion on the policy, the various headings of your paper, as well as bullet points indicating the key points/cases that will be discussed under each heading. At least five of the sources used in this assignment must come from peer-reviewed journals. You may use sources from the previous assignments. Parenthetical citation (in-text citation) is required throughout the outline.

The grade for this assignment will be based on completion of the assignment, preliminary assessment of research/effectiveness, thoughtfulness of the recommendations made, and the proper use and formatting of parenthetical citation

CCJ 4497

Professor Leimberg

Paper Outline

Directions

Additional Information

I. Introduction

· Start with an attention grabber: an example, statistic, or historical context that introduces the paper topic

· Give an overview of any issues involved with the subject

· Define any key terminology needed to understand the topic

· Quote or paraphrase sources revealing the controversial nature of the subject

· Highlight background information on the topic needed to understand the direction of the paper

· Present the primary opposing views

The introduction must end with a THESIS statement (1 to 2 sentences in length):

· Tell what the overall paper will focus on

· Briefly outline the main points in the paper

II. Body (review of previous research, policy effectiveness, and recommendations)

· Clearly present the main points of the paper as listed in the thesis

· Summarize important aspects of previous research

· Give strong examples, details, and explanations to support each main point

· Address any counterarguments and refute those arguments

· Use strong evidence from sources—paraphrases, summaries, and quotations that support the main points

III. Conclusion

· Restate your thesis from the introduction in different words

· Briefly summarize each main point found in the body of the paper (avoid going over 2 sentences for each point)

· Give a statement of the consequences of not embracing the position

· End with a strong clincher statement: an appropriate, meaningful final sentence that ties the whole point of the paper together (may refer back to the attention grabber)

Redefining Three Strikes

Introduction:

What might have appeared as a rite of passage for most young girls, turned anything, but typical on the night of October 1st, 1993 at a residence in Petaluma, California. Imagine the scene, 12-year old Polly Klaas along with her two friends having the time of their lives playing dress up and board games while Klaas’ mother is fast asleep in the next room. Out of nowhere, the girls glance up in terror as a bearded man holding a knife ushers them to remain quiet. Richard Allen Davis, a two-time convicted violent felon ties the two girls up and kidnaps Klaas at knifepoint right in her own living room with her mother a few feet away. Unbeknownst to authorities, Davis is seen wandering around a wooded property after his car accidentally crashes into a ditch. The police arrive to assist and notice clothes strewn around the woods, but take no further action and let Davis leave while Polly was hidden nearby in the darkness. Two months later, despite a nationwide manhunt for Polly, she is discovered with her nightgown shoved up to her waist strangled to death (Fagan, 2013). A public outcry for justice after Polly’s horrifying murder ignited Californians to vote in favor for what is now known as the three strike law 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. California, being the most aggressive state to adhere to the legislation opted to define a strike to include felonies and misdemeanors while other states differ on their definition of what constitutes a strike (Eaton, 2003). Critics claim that the three strike law is 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. Another cause for concern with the policy is the lack of conclusive wide-spread data proving that recidivism rates among convicted felons is reduced by three strikes (Eaton, 2003). The three strike law was intended to keep violent reoffenders behind bars and maintain public safety; however, what defines a strike and the variety in which each state adopts the law has spread obscurity among the legal system and challenged the law’s effectiveness. A comprehensive wide-spread look will be taken to evaluate the policy’s intended target and goal, its consequences, and chance for long-term universal success to reduce recidivism among a certain typology of offenders.

II. Review of Previous Research

a. Three schools of thought: There are the governmental advocates who believe the law will help fight crime and reduce costs associated with public safety, the second school involves critics who believe the law will create injustices for those tried under it, overcrowding in jails and increased government costs to uphold it. The third school is one of neutrality as the law is viewed as a “symbolic accomplishment” in the fight towards crime, but neither wreaks havoc on the criminal justice system nor makes advancements in reduced recidivism rates (Sutton, 2013).

b. Mixed Data Results

i. Findings showed in some states that criminals with two strikes against them had an increased chance of a new felony conviction (Helland & Tabarrok, 2007).

ii. In California, the three strike legislation has reduced “felony arrest rates among the class of criminals with two strikes by 17 to 20 percent” (Helland & Tabarrok, 2007). 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).

iii. Homicide rates increased short-term (and also long-term) averaging “60 additional homicides occurred” short-term. “The difference between three-strikes states and other states is roughly 10 percentage points, which translates to some 1,400 extra murders per year in the three-strikes states” (Marvell & Moody, 2001).

Counter argument: A shortcoming of the study indicated that perhaps the increase in homicides for violent crimes is because of an overall trend and not necessarily connected with the law. Also noteworthy, states with the most severe three strike law, had the least increase in homicide rates (Marvell & Moody, 2001).

III. Policy Effectiveness

a. Original Intention: The intended criminal is the violent anti-social offender and states modified the law in their own way.

i. Strike Definition varies by state: 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).

ii. No long-term studies showing effectiveness: Some studies suggest recidivism has reduced while others studies suggest that criminals with two strikes are more apt to kill their victims knowing if caught and convicted, they would be sentenced to a minimum of 25 years (Marvell & Moody, 2001).

Sutton (2013) found that the law was more punitive and increased the defendant’s sentencing length and increased the likelihood they would go to prison once tried.

b. Counterarguments:

i. Opponents view the law as a violation of the 8th amendment considering some defendants are serving a life-sentence for a non-violent offense (Eaton, 2003). Example of Norman Williams stealing two hand drills for third strike offense (Bazelon, 2010).

ii. Bias is possible because there are so many separate stages a defendant has to go through in the criminal justice process (Sutton, 2013).

iii. Studies do not account for incapacitation versus true deterrence (Marvell and Moody, 2001).

iv. Unfair legal factors: For example, pretrial detention for those who cannot afford bail may be viewed by officials as defendants who need to stay in jail because they are more dangerous, when in fact they don’t have the means to leave (Sutton, 2013).

v. “The biggest category of crimes three strikers are convicted for is simple drug possession. Most of the people convicted under Three Strikes have not committed heinous crimes, just crimes of poverty” (Kheel, 2012).

IV. Alternative Solutions:

a. Create a cohesive universal definition of the law applying only to violent criminals who’s strikes relate solely to causing serious or potential injury or death to another person.

i. Strengths: amend the law so that someone with two strikes who commits a nonserious or nonviolent felony would only be sentenced to twice the usual length for that crime (Kheel, 2010)

Prosecutors use their discretion to get rid of strikes or not prosecute a case as a strike to lessen eighth amendment violation (Kheel, 2010).

ii. Weaknesses: Definition of violent criminal still vague and on a case by case basis in court. “The justices said that fleeing police custody in a vehicle could be a ‘violent felony’ under the law’s definitions” (Barnes, 2011) .

b. Make the Three Strikes law inactive and create a focused deterrence strategy for offenders (Braga & Weisburd, 2015).

i. Strength: “Focused deterrence strategies seek to change offender behavior by understanding underlying violence-producing dynamics and conditions that sustain recurring violent gun injury problems and by implementing a blended strategy of law enforcement, community mobilization, and social service actions” (Braga & Weisburd, 2015).

ii. Weakness: “Criminal justice agencies, unfortunately, work largely independent of each other, often at cross-purposes, often without coordination, and often in an atmosphere of distrust and dislike” effectively creating an unfocused deterrence strategy that could lead to the same problems as three strikes (Braga & Weisburd, 2015).

V. Policy Recommendations:

a. Make three strikes universal for each state that adopts the law only pertaining to violent offenders who meet a certain psychological classification for propensity of violence and who cause (remove potential) serious or potential injury or death to another person.

b. Cohesive definition of violent felony:

i. “Psychopathy as measured with the PCL-R was found to be a strong risk factor for violent reconviction, with twice the risk relative to that of nonpsychopaths” (Grann et al., 1999).

ii. In California, proposition 36 ended “life sentences for criminals whose third strikes were not violent or serious. A Standard University study released last month showed that the 1,000 inmates released under the measure are reoffending at a lower rate than that of other newly freed prisoners in California” (Fagan, 2013).

iii. Create a commission to keep defendants’ rights in check constitutionally. “Adopt sweeping sentencing reform, including the adoption of a sentencing commission” (Vitiello, 2004).

c. Criticism

i. “High-rate offenders slow down as they age; for example, violent offenders’ criminal careers wane beginning at around 28 years of age (Vitiello, 2004).

ii. Fiscal cost is too high to house inmates. Overcrowding in prisons is creating a higher financial cost, meanwhile recidivism rates are not declining (Marvell and Moody, 2001).

iii. Studies are inconclusive as to how to measure three strike’s effectiveness. it is much more difficult to quantify an individual offender into separate variables and the likelihood that they would be sentenced more severely depends on the cluster of attributes they have as a whole (Sutton, 2013).

VI. Conclusions

a. The three strike law needs to be redefined as to what a strike is so people convicted of petty crimes are not serving disproportionate sentences (Bazelon, 2010).

b. It’s original intention of preventing repeat felons from committing more violent acts can help save lives. Reforming the third strike as a violent felony offense will keep the right criminals in jail and those undeserving of a life sentence with more appropriate punishment. “They were still able to benefit from the appeals process, judicial discretion and diversion programs. So if someone found themselves in for life, they deserved it” (Fagan, 2013).

c. Criminals with psychopathic tendencies are more than likely going to reoffend and the offense will be violent in nature (Grann et al., 1999). Richard Allen Davis had just been released from prison for kidnapping when he spotted Polly Klaas (Fagan, 2013). “‘Most untreated sex offenders released from prison go on to commit more offenses — indeed, as many as 80 percent do’” (Yoder, 2016).

d. Long term studies need to evaluate true deterrence after felons receive a strike and make sure that incapacitation is not included as a result in order to make advancements in recidivism (Marvell and Moody, 2001).

By creating a clear-cut definition of a strike applied only to violent offenses that cause serious harm or bodily injury or death, the eighth amendment will be upheld while placing criminals who truly deserve a minimum 25 years to life where they belong in prison. The hope of the three strike law looking forward, is to prevent another two-time violent felon like Richard Allen Davis from terrorizing and murdering an innocent child like Polly Klaas. Her memory should serve as a reminder that for some violent criminals, the likelihood to reoffend is significant and a policy like three strikes could save lives if the law was fine tuned to apply to a certain typology of offenders.

References

Barnes, R. (2011, June 09). Supreme Court continues to define what constitutes a ‘violent felony’.

Retrieved February 25, 2018, from

https://www.washingtonpost.com/politics/supreme-court-continues-to-define-what-constitutes-a-violent-felony/2011/06/09/AG9O3oNH_story.html?utm_term=.dd33cf3cbea3

Bazelon, E. (2010, May 21). Arguing Three Strikes. Retrieved February 25, 2018, from

Braga, A. A., & Weisburd, D. L. (2012). The Effects of Focused Deterrence Strategies on Crime:

A Systematic Review and Meta-Analysis of the Empirical Evidence. Journal Of

Research In Crime & Delinquency, 49(3), 323-358. doi:10.1177/0022427811419368

Eaton, L. (2003). Three Strikes and You’re Out: Enhanced Sentences for Repeat Offenders

Research Pathfinder. Legal Reference Services Quarterly, 22(4), 55-85. doi:10.1300/j113v22n04_04

Fagan, K. (2013, October 02). 20 years after Polly Klaas killing, attitudes change. Retrieved

February 24, 2018, from

https://www.sfgate.com/crime/article/20-years-after-Polly-Klaas-killing-attitudes-4861976.php

Grann, M., Långström, N., Tengström, A., & Kullgren, G. (1999). Psychopathy (PCL-R) predicts

violent recidivism among criminal offenders with personality disorders in Sweden. Law and Human Behavior, 23(2), 205-217. doi:10.1023/a:1022372902241

Helland, E., & Tabarrok, A. (2007). Does Three Strikes Deter? Journal of Human

Resources,XLII(2), 309-330. doi:10.3368/jhr.xlii.2.309

Johnson, J. L., & Saint-Germain, M. A. (2005). Officer Down: Implications of Three Strikes for

Public Safety. Criminal Justice Policy Review, 16(4), 443-460. doi:10.1177/0887403405277001

Kheel, R. (2012). Three Strikes debate weighs effectiveness of law against need for change. The

Bakersfield Californian. Retrieved February 25, 2018, from EBSCOhost .

Marvell, Thomas B., & Moody, Carlisle E, a. (2001). The Lethal Effects of Three‐Strikes

Laws. The Journal Of Legal Studies, (1), 89. doi:10.1086/468112

Sutton, John R., (2013). Symbol and Substance: Effects of California’s Three Strikes Law on

Felony Sentencing. Law & Society Review, (1), 37. doi:10.1111/lasr.12001

Vitiello, M. (2004). Reforming Three Strikes’ Excesses. Washington University Law

Review,82(1). Retrieved February 24, 2018, from https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1360&context=law_lawreview.

Yoder, S. (2016, May 27). What’s the Real Rate of Sex-Crime Recidivism? Retrieved February

25, 2018, from https://psmag.com/news/whats-the-real-rate-of-sex-crime-recidivism