The Research Of Three Strikes And You’re Out

In order to avoid malpractices of the current criminal justice system and reduce pressure from increasing recidivism as one of terrible crimes like crime wave and violence crime, guided by the criminal policies of the modest proposal for criminal law and economic rationalism, the U.S. criminal policies are polarized towards "the light with severe and severe-oriented crime policy". Representing strict American laws, the bill, Three Strikes and You’re Out, is famous in the global academy of criminal laws. The thesis illustrates the reason why the bill shines in the West which advocates human rights. The keys of the thesis are the advantages and the significance of Three Strikes and You’re Out to prevent and punish violent crimes.It is known that the famous Three Strikes and You’re Out originated in which the correction models developed rapidly in America. In the late 1960s and the early 1970s, America followed the western human rights and consummates blindly. America carried out relatively lenient criminal policies, including abortion of the death penalty, execution of decriminalization, wrong judgment to crimes, strict control and correct application of imprisonment, and general execution of the medical models featuring parole and indeterminate sentence of discretion. Practices of measurement of penalty for many years suggested that the correction models prevailing in the United States Federal and states explored defects instead of producing desired effects, so that in the 1980s and 90s, the America society was beset by severe violent crimes and people were bothered with great fear. The publishing ideas of retribution and deterrent attracted importance from the authorities again because of The Useless of Educational Punishment and Reaction of educational Punishment. The authorities concentrated their limited sources to crack down crimes, like violence, terrorist activities and drug traffickingOver the past 20 years, America has made remarkable achievement in control crimes and for decades the American criminal policies has developed into a unique system which many Chinese jurists call the "light with severe criminal policies. From the "severe" part of china’s "lenient with severe" policies and current national conditions, the thesis mainly introduces Three Strikes and You’re Out, a typical case of American "severe " criminal policies, paving the way for the Chinese government to combat increasingly rampant crimes. First of all, the thesis introduces reasons for legislation of Three Strikes and You’re Out and analyses differences and similarities, purposes and effects, according to specific cases, such as Violent Crime Control and Law Enforcement Act of the Federal in 1994 and Baumes of the New York State. Secondly, the thesis explains the criminal concept of Three Strikes and You’re Out, namely "a small group of people are responsible for most violent crimes", by analyzing the controversial "selected deprivation of criminal capability" to dig out realistic and theoretical bases. Thirdly, the writer study the negative effects of Three Strikes and You’re Out, including violation of the constitution, waste of judicial resources and human rights and fairness of discretion. The thesis obeys deterrent and deprivation as the purposes of the bill to avoid faults. Based on the California bill, the thesis provides perfect solutions to the bill by simulating three different situations to lay foundations of improving recidivism system. Last but not the least, considering the characteristics and types of violent crimes in china, featuring seriously imperiling society and human security, as well as defects of counterparts, the thesis help improve the China’s legislation, justice and enforcement to control crimes by referencing Three Strikes and You’re Out. The thesis can be fully used to control crime rates, reduce crimes, cut down prison population, decrease waste of judicial resources and so on.