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Review of Three Strikes Legislation

We Have Created a Monster with Mandatory Sentencing Guidelines

By Kimberly Powell, published Dec 14, 2005
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"It is essential that we acknowledge and respect the legitimate concern people have for their safety. But real respect means addressing their fears constructively, not mortgaging the states future under the pretense that criminals with little to lose will somehow be scared straight by the prospect of longer prison terms."
Michael, Vitiello. 1997.

"Three Strikes" is a controversial and powerful piece of legislation that began in California. It was started by the death of Kimber Reynolds, June 29, 1992. Kimber was killed in an attempted robbery by a convicted rapist. Devastated her father, Mike Reynolds, convened with several influential people in his town and drafted the infamous "Three Strikes Legislation." Her father tried to get the legislation passed on the house floor, though was easily defeated. Shortly after the first incident, a little girl by the name of Polly Klass, 12 years old, was abducted from her home and killed by a convicted felon with an exceptional record for violent offenses that had been let out early for "good time" earned in the penitentiary. After several attempts by Mr. Reynolds to pass the law it was not until the Polly Klass incident that the Governor of California, Pete Wilson, would support and stand behind the law (Schiraldi 1994). It was this case of Polly Klass, abducted from her home on October 1, 1993, that set the "Three Strikes" into full motion. The father of Kimber Reynolds contacted Marc Klass, Polly's father, and had asked for his support in rallying the help that they needed to put this legislation back in front of the house, but he also knew that if he could do this by voter initiative that the house could not defeat the legislation, nor could it be amended unless it had two-thirds of the votes in each house. With in days of Reynolds getting the initial support of Marc Klass, the signatures on the initiative ballot increased ten-fold (Vitiello, 1997). 

Takeaways
  • mandatory guidelines are not the answer for every case
  • discretion should be afforded to the judges
  • consequences of mandatory sentencing have been overlooked long enough
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