Perspective: The Deterrent Effect of Three Strikes Law

This article analyzes the theoretical principles of the recently legislated “three strikes and you're out” laws. In many respects, these are related to the “new penology” that shifted the focus of criminological and penological interest from the individual offender toward the control of aggregates. Furthermore, the analysis relates the three-strikes measures to the cultural model of the “McDonaldization” of society in which the principles of the fast-food restaurant dominate many aspects of American society. These principles include efficiency, calculability, predictability, and control mainly by non-human technology. The analysis in this article, which focuses especially on the three-strikes law in California, suggests that three-strikes laws can be viewed as a part of the McDonaldization trend.

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California's New Three-Strikes Law: Benefits, Costs, and Alternatives

10.7249/rb4009 ◽

1994 ◽

Author(s):

James Chiesa

Keyword(s):

Three Strikes Law ◽

Three Strikes

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Is Burglary a Violent Crime? An Empirical Investigation of the Armed Career Criminal Act’s Classification of Burglary as a Violent Felony

Criminal Justice Policy Review ◽

10.1177/0887403416684594 ◽

2016 ◽

Vol 30 (5) ◽

pp. 663-680 ◽

Cited By ~ 2

Author(s):

Phillip M. Kopp

Keyword(s):

Violent Crime ◽

Empirical Investigation ◽

National Crime Victimization Survey ◽

Crime Victimization ◽

Violent Offense ◽

Drug Offense ◽

Career Criminal ◽

Three Strikes Law ◽

Three Strikes

Traditionally considered a non-violent property offense, burglary is nonetheless classified as a violent crime under the federal Armed Career Criminal Act (ACCA). The ACCA, a three-strikes law that provides a mandatory minimum sentence of 15 years, is triggered when an offender, who has been previously convicted for a crime classified under the ACCA as either a “violent felony” or “serious drug offense,” is convicted at the federal level for any felony committed while in possession of a firearm. The present study investigated the ACCA’s classification of burglary as violent through analysis of National Crime Victimization Survey data for the period of 2009 to 2014. Results showed that burglary is overwhelmingly a non-violent offense. The national incidence of actual violence or threats of violence during a burglary was 7.9%. At most, 2.7% of burglaries involved actual acts of violence. Legislative reform of the ACCA classification to match the empirical description of burglary is discussed.

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