rder, robbery of a residence in which a dangerous or a deadly weapon is used, rape and other sex offenses, and crimes including burglary of a residence and assault with intent to commit a robbery or a rape (Wilson, 1995).
The origins of the California Three Strikes legislation was described by one analyst as follows:
Spawned by the brutal and highly publicized murders of two young girls and the growing demand to "get tough on crime," the Three Strikes law, passed in California in 1994, requires that offenders convicted of certain crimes who commit further felony offenses serve fixed minimum prison terms. Any adult who has two or more prior serious or violent felony convictions and is subsequently convicted of any new felony faces life in prison, and any adult who has one prior serious or violent felony conviction and is convicted of another felony of any magnitude will face a sentence that is twice that normally prescribed (Fannan, 2002, p. 1).
While California is hardly alone in having implemented such laws, it has become the "test case" for their efficacy. In addition to California, only Georgia, South Carolina, Nevada, Washington and Florida are seen by Charles Fannan (2002) as applying this directive with jurisprudential force.
Lee Drutman (2003) has stated that Californians voted for this legislation in 1994 because they were tired of recidivist criminals breaking the law over and over and because voters and lawmakers believed that longer prison sentences would take career criminals off the street, improve public safety, and even deter potential offenders. It was argued that crime rates in general and violent crimes in particular would be reduced because of the application of these laws. It was also believed that mandatory sentencing requirements would eliminate some of the inconsistencies in judicial policy and sentencing behavior that could be viewed as discriminatory (Wilson, 1995).
Unfortunately, the vas...