PART A: “The three-strikes-and-you’re-out” law

            "The three-strikes-and-you're-out" law is the congress slogan that is used for the purpose of inducing relentless ruling for third lawbreaking convictions. Moreover, such legislation is ultimately aimed at addressing recurring, stern criminal behaviors.  As one of the crime-fighting instruments, the popularity of this law comes just without having taken a deeper examination of its impacts or effectiveness (Walsh, 2007). As a tool for reducing crime rates, it means that the state could have failed to understand that a large percentage of the lawbreakers who are judged under this law could have committed nonviolent offenses.

             Additionally, the law will result in a premature release of lawbreakers because of the overcrowding of individuals accused under this law and awaiting judgment. Other than increasing workloads of defense attorneys, prosecutors, and judges, it will also cause other civil cases and criminal cases to be delayed. As a tool for use in appeal bargaining, one of the pertinent issues, such as racial disparities in its application ought to be taken into consideration first (Clear et al., 2009). Therefore, it is better to determine whether there exist other viable means to shun the apparent unintended problems whilst being more effective and fairer.

PART B: Mandatory minimum sentences

            Mandatory minimum sentencing laws have the potential of eliminating judicial discretion so as to impose judgments that are under the statutory or constitutional minimum. Therefore, such laws, termed as mandatory minimums, have the likelihood of producing unjust punishments. Although research indicates that mandatory minimums have the likelihood of reducing future crimes, when the power of the judges is transferred to prosecutors, chances are that they will unfairly pressure defendants to accept their mistakes (Kelly, 2015). Nevertheless, such laws have the potential of creating sentencing disparities. Since mandatory minimums are inflexible, they end up encouraging manipulation of the judicial system and fostering deceit.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Clear, T. R., Cole, G. F., & Reisig, M. D. (2009). American corrections. Belmont, CA: Thomson Wadsworth.

Kelly, W. R. (2015). Criminal justice at the crossroads: Transforming crime and punishment. New York : Columbia University Press

Walsh, J. E. (2007). Three strikes laws. Westport, Conn: Greenwood Press.