The Three Strikes Law has come before the U.S. Supreme Court for over five times already in the past seven years, and just this June 2015, the SC declared the law as unconstitutional, deciding that its constitutionality needs to be weighed in on. Justice Antonin Scalia was noted as saying that there is currently nothing in place that would ensure that the Three Strikes Law would be carried out fairly or in a nondiscriminatory manner. The decision opens up the opportunity for the law to be rewritten in the states where it has already been implemented.
What is the Three Strikes Law?
The Three Strikes Law, or what is also known as the habitual offenders law, are statues mandating state courts to impose “harsher” penalties or sentences on offenders who have been convicted twice of serious criminal offenses and then commit a third crime. Its goal is to discourage habitual offenders from committing crime again.
List of Pros of the Three Strikes Law
1. Discourage Habitual Offenders
As mentioned, the law was designed to keep those more likely to commit crime out of the general public where they can harm more people. Its proponents believe that if criminals know that they face life in prison if they continue to commit offenses or live a certain lifestyle, they are less likely to do criminal acts.
2. Reduce Crime Rates
When habitual offenders are removed from society on a regular basis, crimes rate are significantly reduced. That is in addition to the fear evoked among those who are considering of committing a crime.
3. Peace of Mind for Citizens
With criminals being locked away in prison and knowing that the government is doing everything to keep the streets safe, citizens can rest easy and sleep with complete peace of mind. Parents can send their children to school, parks and playgrounds without worries or issues with travelling during late night hours.
List of Cons of the Three Strikes Law
1. High Prison Cost
The more criminals are persecuted under the Three Strikes Law, the higher the expenses of the state’s court and prison system will be. For one thing, there will be more state prisons to maintain and more criminals to feed. Not to mention, prison over population could necessitate the building of extra prisons.
2. Less Budget for Police
When more and more people are sent to prison, the higher the budget the prison system will require. And usually, when more money is needed for the persecution and jailing of habitual offenders, the budget of the police forces suffers.
3. Potential for Unfair Practices
While serious criminals like murderers and drug dealers deserve a life sentence, people who were persecuted three times for petty offenses such as shop lifting, burglary, public indecency, disorderly conduct and the like can suffer the same fate. This calls into the question the fairness of the law – the reason why Justice Scalia questioned its constitutionality.
Conclusion
The Three Strikes Law has its merits and may have actually started out as a good idea; however, should anyone be taken out of the society for his or her entire life for shop lifting a t-shirt? We leave it for you to decide.