Three Strikes Rule, Essay Example

Define the “three strikes rule” as it is used in the court system. Why was this rule created? What are some concerns with the rule? Does it help in deterring crime?

Coming from the idea of playing baseball where the player, the batter, is given two strike chances before he makes his final attempt on the third strike, which shall render the player “out”. In the same manner, the three strikes rule specifically renders repeat criminal offenders to a life-sentence punishment (Campbell, 2002, 3). Given that the first two offences of the individual are both serious, the third attempt to break the law is then considered the deciding factor for the final punishment that he is supposed to receive from the court. Among the offences considered to be violent in nature [thus deserving a three-strike rule punishment] include rape, murder, sex-defined offences as well as specific attempts to burglary and robbery towards resident/s.

It was during the 1990’s that the said rule became popular specifically in California. Twenty-four other states recognize the rule; nevertheless, they usually name their laws as punishment to habitual offenders. The creation of this rule was based on the desire of avoiding the occurrence of repeat offenders hence assessing the capacity of individuals to scale themselves and become more aware of what they are doing especially in relation with the need to abide with the law. Notably, it has been realized that the application of such rule created a much easier and clarified condition of punishing repeat offenders while they physically prohibited from further committing other crimes to other individuals in the society.

Reference:

Campbell, Duncan (26 January 2002). “Three strikes and you’re out — Human rights, US style: As Americans shrug off criticism of Camp X-Ray, thousands of their countrymen suffer cruel but all-too-usual punishment“. The Guardian: p. 3.

Describe the history of law enforcement from its roots in the English system of policing, through each era, up to the current use of contemporary policing. How has policing become an actor in the public policy process?

The process of policing specifically started as a form of an order from the king. The Anglo-Saxon era that bounded the English history presented a time when the king himself demanded for loyalty as well as complete obedience from his people. Being one in the sovereign power, he then assigned landowners to become the primary overseers on their own lands and commanded them to bring in to the king whoever might not follow the rules of his kingship. In line with this, the people, fearing for the possibility of overusing the given authority of the landowners formed their own groups who are supposed to oversee the situation as residents of the area. This included “patrol-like” individuals who intended to see through the village and check for security and peacekeeping issues. Furthermore, the hearing of the specific cases that brought about chaos to the community were handed over to be dealt with by the 100 tythingmen who were considered as the “court” of the communities then. With the “reeve” as their leader, the 100 tythingmen became among the most used agencies in the community. Later on, when the Anglo-Saxon era ended, the “reeve” was then noted as the “sheriff” and was then assigned to oversee the entire community where he was supposed to report to the king about all the different issues he sees through his administration of policies. From this point, the 100 tythingmen was adapted into course but 12 members from the said group were assigned to handle serious cases of criminal offences in the community. The same pattern of handling criminality and security issues in the society have been brought about into existence on several other countries conquered by England in later years which formed the new ways of community policing known to the human society at present.

Reference:

A History of Policing. http://www.klis.com/allsaints/pnotes.htm. (Retrieved on October 2, 2012).

Is community policing a liberal or conservative policing approach? Explain your answer. Describe the current presidential stance on community policing. What does the advent of homeland security mean for the future of community policing? What role does local law enforcement play in building community rapport and gathering relevant Intel for the Department of Homeland Security (DHS)?

The conservatives specifically believe that the community’s security from crimes depend on the hiring and assigning of more cops into service. Relatively, this form of authoritative direction is expected to create a definite turn of events in the society as residents see the visibility of such officers in their areas. Notably though, the liberals hold on to the idea of providing more attention to social support, realigning the values of the people and making sure that their morals are in line with the course of policies that the government passes on for application and obedience from the society.

Judging from the statement presented above, it could be realized that community policing is indeed a conservative approach to implementing safety and security in the society. It is understood that the conservatives believe on the implication of power and authority to be able to create a more livable environment that is free from crime and other aspects that threaten peace and security of the people. At present, the conservatives and their ideals for community policing is what the DHS recognizes to be effective and relatively able to create a more workable society. As support to this, the local governments intend to use all resources available to make sure that intelligence reports are provided to authorities in an aim to help in the campaign towards lowering criminal incidents in different communities they govern over.

Reference:

The Real Crime Fighters: Conservatives or Liberals? http://www.psmag.com/legal-affairs/the-real-crime-fighters-conservatives-or-liberals-4123/. (retrieved on October 2, 2012).

Explain how courts make policies. How significant is the court’s role in creating policies? Identify and explain the steps involved in the process.

The court, the conformed judges of the society and the well-known operators of the policies that are being subjected for social obedience, is constantly involved when it comes to the creation and the approval of particular polices that are imposed for the community’s recognition. Regardless of the country, the courts play a great role in outlining what specific rules need to be implicated and what specific situations should be included in such policies so as to make the conditions of the laws clear to the society.
Having knowledge over what the society needs, what the society wants and what the society expects, the court is expected to make a well-defined rule that creates a strong impact on how the modern society recognizes the power of the government to impose law as a sovereign entity. In the United States of America, policymaking consists of several steps that include the role of the court in realigning the course of rule making to make sure that the people will recognize the law’s power itself. The first step is the making of the agenda, which answers the question “why” the policy is important for pursuance. The next step is formulation and adoption which consists of the process by which the policy makers outline the path by which the law is supposed to be applied, who would be affected and how the society should respond to its particulars. The third step is the implementation whereas the people are then asked to follow its guidelines as it is released for application in the society. The last step is evaluation and termination, which measures the capacity of the policy to make beneficial social changes and thus determines whether the policy should be retained or terminated for future applications.

Reference:

The Policy Making Process. http://www.cliffsnotes.com/study_guide/The-Policymaking-Process.topicArticleId-65383,articleId-65551.html. (Retrieved on October 2, 2012).

Describe the SARA Model for policing. Outline the four-step problem-solving model and describe how this is beneficial to community oriented policing.

The SARA model for policing follows a pattern of identifying the specific problems, evaluating their effects and creating counter responses to control the manner by which they affect social arrangements. To note, this model consists of four primary steps that ought to be recognized in line with the desire to create effective social policies.

The four steps start with scanning which involves the process by which the legislators tend to create an outline on what specific issues are currently recurring in the communities they are overseeing. In relation to this, they are required to note the effect of such problems to the people and how the people react to such situations. The second step is the analysis of the situation, whereas the assigned policy makers are expected to see how much impact the problem is making on the regular lives of the residents of the community. Along with these, they are also expected to create a research that would enable other colleagues and authorities to see through the problem in a more in-depth scale. The third step is the response process, which is the condition by which the lawmakers are accounted for creating laws and alternative rules that would be able to mandate balance in the society in line with the need to face with the problem being studied at hand. This would involve brainstorming among other members of the policy-making team thus getting a collective opinion from the members as to how they see the rules to be relatively connected to the problem being resolved. The fourth step is the assessment process, which involves the measurement of the completed policy’s consistence in responding to the problem at hand. This step shall determine whether or not the created policy does provide a workable and institutionalized process of answering to the issue that is being given resolution.

Reference:

Center for Problem-Oriented Policing. The SARA Model. http://www.popcenter.org/about/?p=sara. (Retrieved on October 2, 2012).