The strikes law is defined as basis through which the punishments ofserial offenders are considerably increased (Greenwood, et al.,1994). According to Parker (2012), the research conducted on theperformance of the “three strikes” indicates that the policy hasfailed regarding both criminal and economic sense. As such, variousalternatives should be taken into consideration (Greenwood, et al.,1994). Similarly, Chen’s analysis is based on California inaddition to other parts of the United States. According to Greenwood(1994) and Parker (2012), the financial implications of the processshould be taken into consideration with regards to the associationprocess. Additionally, Kovandzic, Sloan & Vieraitis, (2004),contributes to the topic of costs incurred by encouraging thestrategists to conduct a cost-benefit analysis on the three strikeprogram.
Vitiello (1997) on the other hand introduces the concept ofrationality whereby the politicians and the other policy makers arenot in a rush to get rid of the “bad” people. In this regard,Kovandzic, Sloan & Vieraitis (2004), argue that the even thoughthe system is likely to have n impact on crime reduction, researchersare encouraged to continue using the advanced methodology as a meansof ensuring that the system is beneficial to the judicial system.Schafer (1999) states that for the “three strikes” to beeffective, it has to be enforced among the crime offenders. Chen alsocontributed to the concept of challenges that are likely to affectthe program (Chen, n.d). He argued that along with financial costs,the increased rate of incarceration imposes enormous human and socialcosts for sentenced individuals, their families, and the communitiesfrom (Greenwood, et al., 1994).
Even though the “three strikes” program was established to ensurethat individuals that have committed crimes before are issued withthe capital punishment (Vitiello, 1997). There have been a series ofobjections about the effects of such laws on the younger ones(Schafer, 1999). Greenwood et al. (1994) propose ways through which awin-win situation can be achieved concerning judicial system. Parker(2012) stated that both logic and available data had failed to provethat the Three Strikes law is effective in achieving the mostdesirable results among the younger generations. The analysis wasbased on a series of analytical frameworks through the correlation ofdata and research findings (Vitiello, 1997).
California and other states that have adopted the Three Strikes lawhave disregarded its impacts of the legislation of children (Chen,n.d). Vitiello (1997), suggests that the various locations that haveThree Strikes Laws in effect should adopt the process of selectiverelease for older low-risk inmates. The process would subsequentlyreduce the number of prisoners and the amount of finances allocatedto the prison departments within the United States. Schafer (1999)contributes to the topic if the juveniles by highlighting the resultsof a survey, conducted in which youth face serious sanctions for thecommission of crimes. According to the findings, the young onesusually learn lessons from their first crimes and are deterred fromengaging in other offenses in future (Kovandzic, Sloan &Vieraitis, 2004). Schafer believes that punishment as a deterrent iseffective when dealing with juvenile offenders (Schafer, 1999).However, there are other alternatives that should be considered whenconducting an analysis of the relationship between the Three Strikerule and the effects on the judicial system (Domanick, 2004).
The analysis of the legislations has also taken into considerationthe effects of the policy. The level of homicide has fallenconsiderably in various locations across the United States. Case inpoint is in Los Angeles whereby the statistics indicate that thenumber of homicide cases has declined three-fold between 1992 and2010 (Parker, 2012). The same trend is shown across the entirenation. Studies conducted, later on, have indicated that the threestrikes law does not have a significant effect on deterrence of crime(Parker, 2012). The outcome can be attributed to a phenomenon knownas diminishing marginal returns that can be associated withpre-existing second-time offenders (Walsh, 2007). Such studies havesuggested that the Three Strike laws are relatively harsh since theyculminate in long sentences (Domanick, 2004). Additionally, the deathpenalties without parole are likely to overshadow the deterrenteffects of the Three Strike legislations (Kovandzic, Sloan &Vieraitis, 2004). One great effect of the policy is that it mightincrease the severity of crimes committed (Domanick, 2004). It hasbeen established that individuals who are likely to be affected bysuch laws engage in serious crimes since their fate has already beenset. They, therefore, avoid offences such as shoplifting and engagein more serious crimes such as homicide (Domanick, 2004).
The variation sampling technique is to be utilized in this research.This sampling procedure will be able to capture a broad range ofperspectives within the topic of study, in addition to providingidentification of common themes in the research. Some of the factorsto be taken into consideration include purpose of the researchquestions, time, and the resources available. Maximum variationsampling will be the most effective technique in the study. In thisregard, a qualitative research method will be selected in analyzingthe impact of the “Three Strike” legislation in the judicialsystem. Small and effective sample groups of individuals will beselected based on given characteristics from a large group ofpopulation with regards to the effect of the “Three Strikes”Rule.
With the use of the open-ended and in-depth questionnaires, theresearch will be asking questions that do not limit the scope of theparticipants’ answers. On the same note, this research will focuson the opinions forwarded by residents of the United States that havebeen affected directly or indirectly by the “Three Strikes” Rule.
The research is a case study and, as such it seeks to present adetailed analysis of the impact of the Three Strikes law on thejudicial system in the United States. It will also include variouspast studies on the impact on the legislation.
Data Collection Methods
Since this research is qualitative, the information gathered willprovide in-depth data and information on the research questions. Thisstudy will use primary data to ensure that the research collectsfirsthand information from all the education stakeholders in theUnited States. Additionally, it will integrate secondary sources ofinformation to provide a detailed background on the topic of study.
To gather individual’s perspectives and experiences, primarysources of evidence will be collected from in-depth interviews.Unstructured questionnaires will be used in this case. The interviewswill be conducted on a face-to-face basis thereby giving interviewerstime to ask for clarifications and make the necessary observations.
Data Analysis Methods
Documentation of Data
The initial formal step in the analysis of data is the documentationof data. Documentation will include notes that were taken during theinterview, those made during observations of the reactions andbehaviors of participants in the study, the feedback, and commentsreceived from the participants of the survey. Documentation isessential for keeping track of the proceedings of the data collectionand analysis. It also encourages conceptualizing and strategizing.
Conceptualization, Coding and Categorizing Data
Conceptualization is the second step in data analysis. It begins witha simple observation that is then directly interpreted then analyzed.Coding of data will involve defining the components of the data beinganalyzed. The researcher will identify passages of texts and applylabels to them thereby indicating that they have thematic ideas.Categorizing data will involve grouping of data into differentcategories to establish a framework or thematic ideas.
Validity and Reliability
This research will conduct a pre-study reliability and validity test.This will be to ensure that the actual face of the research is highlyvalidated and reliable. This study will make sure that the externalvalidity is maintained by obtaining the accurate representation ofthe population under study. The internal validity, on the other hand,will be conducted to ensure that the questionnaires accurately assessthe core objective of the study.
There will be no intrusion of privacy for all the individualsinvolved in this study. Proper guarding of collected information willensure that originality and authenticity are maintained. Theresearchers will also negotiate with participants on the appropriateapproaches that will ensure privacy and confidentiality. Theresearchers will require that members suppress any delicate piece ofinformation gathered unless the information does not pose a threat tothe participant. This study will ensure that the field notes, or anygiven data collected are owned by the regular members or personnel atall times.
Action will be taken in case of any inappropriate or misuse of theresults obtained from this study. The research will not proceedunless informed and voluntary consent of any involved party isgained. It will owe it to all the parties involved in the study thatthere is strict adherence to analysis methods believed to produceauthentic information. Other ethical issues that will be taken intoconsideration include approval from the parents or guardians of theunderage children involved in the research.
Limitations of the Study
This research is likely to suffer from financial difficulties. Theremight be a need for too much cost incurrence from this investigationas staff members will be required to accomplish the proceedings.Moreover, the research is likely to face financial constraints as theresearchers will be forced to perform several interviews overmultiple areas. The interviews will also be administered on paperhence, there will be an increase in cost and expenses.
Since the quality of data being collected is dependent on theabilities of the interviewer, the researcher might collect data ofpoor quality. At the same time some interviewers are likely tocollect biased data. Analysis and interpretation process is likely tobe time-consuming due to the massive amount of data that will becollected. Finally, the responses given by respondents may not begenuine due to the presence of the researcher during the gathering ofdata.
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Chen, E. Y. (n.d.). Impacts of ‘Three Strikes and You`re Out’ onCrime Trends in California and Throughout the United States. SSRNElectronic Journal. doi:10.2139/ssrn.2189510
Domanick, J. (2004). Cruel justice: Three strikes and thepolitics of crime in America`s golden state. Berkeley: Universityof California Press.
Greenwood, P., Rydell, C., Caulkins, J., Chiesa, J., Model, C.,Klein, S., & Abrahamse, A. (1994). Three strikes and you`re out:Estimated benefits and costs of California`s new mandatory-sentencinglaw. Santa Monica, CA: Rand.
Kovandzic, T. V., Sloan, J. J., & Vieraitis, L. M. (2004).“Striking out” as crime reduction policy: The impact of “threestrikes” laws on crime rates in U.S. cities. Justice Quarterly,21(2), 207-239. doi:10.1080/07418820400095791
Parker, R. N. (2012). Why California’s ‘Three Strikes’ Fails asCrime and Economic Policy, and What to Do. California Journal ofPolitics and Policy, 5(2). doi:10.1515/cjpp-2012-0008
Schafer, J. R. (1999). The Deterrent Effect of Three Strikes Law. FBILaw Enforcement Bulletin, 68(4), 6-10. Retrieved fromhttp://search.proquest.com/docview/204135260?accountid=87314
Vitiello, M. (1997). Three Strikes: Can We Return to Rationality? TheJournal of Criminal Law and Criminology (1973-), 87(2), 395.doi:10.2307/1143951
Walsh, J. E. (2007). Three strikes laws. Westport, Conn:Greenwood Press.