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question_id: 5513
Are mandatory life sentences a good idea? This is something that for the last several years the courts in the UK have been battling. In the US these types of laws have now been implemented for over a couple of decades. In England and Wales, the framework for this type of sentencing has been put into motion since 2003. Some of these mandatory sentencing laws have been repealed while others have remained enforced. Here we will take a look at the arguments both for and against mandatory imprisonment for three strikes.
Why The US And The UK Have Been Implementing The 3 Strikes Law
This law was first implemented in the US to prevent those who had committed violent crimes from being able to continue doing so. The feeling of outrage was often experienced when someone who had repeatedly committed violent crimes was released and then committed another violent crime against an innocent person. The public wanted to put a stop to this and from that outrage, the three strikes rule was implemented.
Historically it has been found that increasing the penalty for crimes has had a positive effect on deterring criminals from committing those crimes. When the criminal understands that they are facing much bigger consequence for a particular crime, then they will often refrain from committing that crime repeatedly. When someone has demonstrated that they cannot be reformed and will continue being a menace to society, then there are many people who feel that they should simply be taken out of that society.
The simple act of implementing these laws removes any ability on the judges part to reduce sentencing. If a previously convicted felon is found guilty of their third strike then the law by definition is mandatory and they are given a life sentence. For those who feel this law is good, say that it will discourage any reasonably minded person and prevent them from committing further grievous crimes. For those that are beyond reform, then the law is seen as just and reasonable to remove that person from society.
Understanding Why The Three Strikes Law Has Not Been Utilized As Much In The UK
The idea of this law was to reduce violent crime. But in places such as California in the U.S. violent crime has gone up over the last decade since the law was enacted. In the UK the Home Secretary implemented the 3 strikes and you’re out sentencing laws for persistent burglars but the courts haven’t embraced it. There have been some instances where the court has utilized these laws and there are other cases where the court has rejected them.
One of the issues that surround these mandatory laws is the question of Human Rights. The Grand Chamber Of European Court Of Human Rights has made claims that this violates article 3 of the European Convention. This is in place to protect against human torture or degrading treatment. This was, however, successfully challenged sometime after. The biggest issue is the fact that there are instances where the law has been exercised on a previously convicted felon for doing a relatively minor crime that led to their life incarceration. This together with the fact that over a couple of decades where it has been implemented, it has not seemed to reduce crime of any kind.
The use of the three strikes law has had mixed results and it is not consistently utilized inside the UK. In some cases, the courts have decided that it is useful while in others they have determined that it isn’t. The Crown Court is likely to be dealing with this issue until a determination is made over its effectiveness.
Are you in favour of mandatory sentencing?
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