Democratic Political Systems: Three Strikes Law

2021-05-13 09:54:58
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Gottschalk, M. (2006). The prison and the gallows: The politics of mass incarceration in America. Cambridge University Press.

Gottschalk in his publication states that the United States has in an indirect way build a country whose laws are unprecedented before making it appear that they are the leaders when it comes to making any decision that pertains to mass incarceration. Daily, there are more than fifty people incarcerated by the prisons and court of laws. This is a rough number according to the author who feels more than the above aforementioned number of people happen daily. The author feels this is a wrong move for the country and concludes his book by giving recommendations that he feels if well implemented, they would work for the country now and in the future. He feels the high rate of cases is through the over population in some states and the rate of immigrants from other countries giving rise to the three strikes law. More people lead to more rules and regulations passed to govern them.

Romano, M. (2010). Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California's Three Strikes Law. Stan. L. & Pol'y Rev., 21, 311.

The author has talked about how in a bid to strike back to the high rate of crimes committed within the state, the courts have resulted in using death penalty cases. They believe will scare off people who will in turn do the right thing according to the law. He focuses on the infamous court case Gregg vs. Georgia, which attracted a public outcry after sentencing to death without appeal.

Romano goes further and suggests that death penalty is not the solution to crimes as it lowers the dignity of a person despite the crime committed. His argument is that the three strikes law is irrelevant under the states courts as there are new cases daily that require new knowledge to solve and get a fair judgement in the courts. He lays emphasis on the need to do away with death penalty and find alternatives that will work out for all cases presented.

Rosenberger, J. S., & Callanan, V. J. (2011). The influence of media on penal attitudes. Criminal Justice Review, 36(4), 435-455.

The two authors introduce their book by presenting cases where the media plays an important role in influencing the kind of judgement passed to a certain case. The also look at the perception of the society after famous criminal sentencing, which triggers certain, and indirect behavior among the people. They claim that most people do not agree with the penal attitudes that exist within the country after ruling in worse criminal cases. The review also states the views of some residents in the California State in USA as the case study who represent the views of the other people at large.

They further discuss how the media influences the decisions made by the judges as they give some cases more media cover than others giving the public the chance to follow on some cases. They conclude that the perceptions of people towards such penal code cases lays on the hands of the judges as they need to draw a line between the related cases solved in the past and the cases presented to them afresh.

Sutton, J. R. (2013). Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing. Law & Society Review, 47(1), 37-72.

Sutton starts his book with giving a personal opinion regarding the three strikes law by concluding that it a notorious ruling that ever existed. He further claims that it worked on the past but with the recent changes in the judiciary, they may not be applicable especially on the felony cases. He makes a comparison of the court cases that existed when the three strikes law was enforced in the early 1970s and feels that they were effective that time bit advocates that they are no longer applicable in the society we live today.

He concludes by advocating and provoking the minds of the judges who are still stuck in the past with such rules. He feels the society requires more than outdated laws and gives suggestions on what he feels would be applicable for them. He critically views the three strike backs and states that is more knowledge in the courts and the society have expectations on the same.

Zimring, F. E., & Johnson, D. T. (2006). Public opinion and the governance of punishment in democratic political systems. The Annals of the American Academy of Political and Social Science, 605(1), 265-280.

Zimring & Johnson introduce their book by saying that the hostile attitudes that the society has towards the criminals and the punishments they deserved from the crimes committed were the major triggers of the increased number of cases of punishments if the United States. The public gave out their opinions and what they felt was the right thing, which prompted the courts to punish the lawbreakers with worse punishments to satisfy the society thoughts and ideologies. These in turn led to lack of democracy in the court rulings as more people felt dissatisfied with the rulings that their kin got in the same court cases.

They end the book by stating that the courts need to have consistency in the way they deal with the court cases that involve criminals, as the public will always have an opinion about any case.

References

Gottschalk, M. (2006). The prison and the gallows: The politics of mass incarceration in America. Cambridge University Press.

Romano, M. (2010). Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California's Three Strikes Law. Stan. L. & Pol'y Rev., 21, 311.

Rosenberger, J. S., & Callanan, V. J. (2011). The influence of media on penal attitudes. Criminal Justice Review, 36(4), 435-455.

Sutton, J. R. (2013). Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing. Law & Society Review, 47(1), 37-72.

Zimring, F. E., & Johnson, D. T. (2006). Public opinion and the governance of punishment in democratic political systems. The Annals of the American Academy of Political and Social Science, 605(1), 265-280.

 

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