Punishment and Democracy Three Strikes and You're Out in California

by Zimring, Franklin E.; Hawkins, Gordon; Kamin, Sam

• ISBN13: 9780195136869
• ISBN10: 0195136861
• Format: Hardcover
• Copyright: 2001-02-15
• Publisher: Oxford University Press

Summary

"Getting tough on crime" has been one of the favorite rallying cries of American politicians in the last two decades, and "getting tough" on repeat offenders has been particularly popular. "Three strikes and you're out" laws, which effectively impose a 25-years-to-life sentence at the momentof a third felony conviction, have been passed in 26 states. California's version of the "three strikes" law, enacted in 1994, was broader and more severe than measures considered or passed in any other state. Punishment and Democracy is the first examination of the actual impact this law has had. Franklin Zimring, Sam Kamin, and Gordon Hawkins look at the origins of the law in California, compare it to other crackdown laws, and analyze the data collected on crime rates in Los Angeles, San Diego, andSan Francisco in the year before and the two years after the law went into effect. They show that the "three strikes" law was a significant development in criminal justice policy making, not only at the state level, but also at the national level. They conclude with an examination of the trendtoward populist initiatives driving penal policy. The importance of the subject and the stature of the authors make this book required reading for policy analysts, criminal justice scholars, elected officials, and indeed any American seeking to know more about "get-tough" criminal sentencing.

Author Biography

Franklin E. Zimring is William G. Simon Professor of Law and Director of the Earl Warren Legal Institute at the University of California at Berkeley. He is the author of American Youth Violence (Oxford, 1998) and co-author (with Gordon Hawkins) of Crime Is Not the Problem: Lethal Violence in America (Oxford, 1997) and Incapacitation: Penal Confinement and the Restraint of Crime (Oxford, 1995).
Gordon G. Hawkins is a Senior Fellow at the Earl Warren Legal Institute and the former Director of the Institute of Criminology at the University of Sydney.
Sam S. Kamin is Assistant Professor of Law at the University of California at Berkeley

Table of Contents

Introduction	ix
Part I: Origins and Structure
1 Three Strikes Comes to California	3	(14)
2 The Largest Penal Experiment in American History	17	(14)
Part II: The Study
3 Building a Research Design	31	(10)
4 The Role of Recidivists in Urban California Crime	41	(22)
5 The Impact of Three Strikes on Criminal Punishment	63	(22)
6 Three Strikes as Crime Control	85	(24)
Part III: Impacts
7 The Jurisprudence of Imprisonment in California	109	(16)
8 Living with Three Strikes: Courts, Corrections, and the Political Process	125	(26)
Part IV: Implications
9 The Changing Politics of Criminal Punishment	151	(30)
10 Democracy and the Governance of Criminal Punishment	181	(36)
11 Legacies and Lessons	217	(16)
References	233	(6)
Index	239