California's Three Strikes Law Quiz

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Questions and Answers

What was the primary intention behind the 'three strikes' law?

To reduce prison costs for the state

To eliminate gang-related crimes completely

To address repeat offenders with harsher penalties (correct)

To lower the overall crime rates in California

What was a significant consequence of the 'three strikes' law in California?

Life sentences for individuals committing minor offenses (correct)

Increase in violent crime rates

Reduction in prison populations

Decrease in community support for law enforcement

How did the public initially respond to the 'three strikes' law?

By gathering significant support for its implementation (correct)

By petitioning against violent crime

With overwhelming opposition and protests

With indifference to rising crime rates

What change was made to the 'three strikes' law in 2014?

Only violent crimes would lead to life sentences on the third strike (A) Signup and view all the answers

What economic issue arose from the 'three strikes' law?

Overcrowded prisons leading to high operational costs (C) Signup and view all the answers

What might happen if a defendant pleads guilty?

The defendant may make a deal for a shorter sentence. (B) Signup and view all the answers

What was one major impact of the COVID-19 pandemic on the court system?

Adoption of remote court hearings. (B) Signup and view all the answers

What is a significant concern regarding virtual courts?

They present risks for due process and understanding. (B) Signup and view all the answers

Which of the following describes the condition of virtual courts?

Characterized by glitches and unceremonious conditions. (B) Signup and view all the answers

What was found regarding the treatment of 'resistant' defendants in the study?

They were largely ignored or silenced in court. (B) Signup and view all the answers

What is a central goal of incapacitation in the context of punishment?

Protecting society from future harm (D) Signup and view all the answers

Retribution is primarily concerned with which of the following?

Seeking justice for past actions (C) Signup and view all the answers

Which principle emphasizes that the punishment should fit the crime?

Proportionality (C) Signup and view all the answers

What is a common weakness associated with the retribution approach to punishment?

Difficulty in determining the appropriate punishment. (A) Signup and view all the answers

What does the principle of 'justification for suffering' imply in the context of retribution?

Punishment serves to balance the scales of justice. (C) Signup and view all the answers

Which type of harm is noted as being difficult to measure and compare?

Psychological harm (B) Signup and view all the answers

Why might policies prioritizing incapacitation lead to complicated consequences?

They can complicate the balance between individual rights and societal protection. (A) Signup and view all the answers

Which factor is NOT typically considered when determining appropriate punishment under the retribution approach?

The age of the offender (D) Signup and view all the answers

What is the cornerstone principle of sentencing that ensures punishment fits the crime?

Proportionality (D) Signup and view all the answers

Which of the following best describes the dual nature of sentencing?

Retributive and Utilitarian (B) Signup and view all the answers

What do aggravating factors in sentencing refer to?

Elements that increase blameworthiness (C) Signup and view all the answers

Which principle emphasizes that similar sentences should be given for similar offenses?

Principle of Consistency (C) Signup and view all the answers

What is often a criticism of sentencing guidelines as practiced in the USA?

They are overly rigid (C) Signup and view all the answers

What type of crimes does Section 718.2(a)(I) specifically address?

Hate-motivated crimes (A) Signup and view all the answers

Which principle focuses on limiting the use of incarceration as a sanction?

Principle of Restraint (A) Signup and view all the answers

What might judges consider as part of their sentencing dilemma?

Sources consulted and options for sanctions (D) Signup and view all the answers

What is the primary purpose of proportionality in sentencing?

To prevent excessive punishments (A) Signup and view all the answers

Which of the following statements accurately describes mandatory minimum sentences?

Judges are required to impose at least the minimum sentence. (C) Signup and view all the answers

What is one common criticism of mandatory minimum sentences?

They can disproportionately affect first-time offenders. (C) Signup and view all the answers

In the case of R v Smith (1987), why was the 7-year minimum sentence deemed inappropriate?

It was disproportionate to the amount of cocaine involved. (A) Signup and view all the answers

What was one outcome of R v Nur (2015) regarding the minimum sentence for illegal possession of a firearm?

The minimum sentence was struck down as too broad. (A) Signup and view all the answers

What do the key cases discussed emphasize about the legal principles in sentencing?

The Charter protects against excessive punishment. (D) Signup and view all the answers

Which of the following best describes the ongoing debate surrounding mandatory minimum sentences?

It highlights the conflict between public safety and rehabilitation. (C) Signup and view all the answers

What is the historical significance of mandatory minimum sentences in Canadian law?

They have always existed in certain forms. (B) Signup and view all the answers

What is the primary focus of Restorative Justice?

Victim, community, and offender (B) Signup and view all the answers

Which method is emphasized in Restorative Justice?

Dialogue and mediation (C) Signup and view all the answers

What are the two main approaches to punishment as discussed?

Preventing future crime and punishing past crime (A) Signup and view all the answers

What is the goal of the deterrence theory?

To prevent future crimes through fear of penalties (A) Signup and view all the answers

Which term describes the proactive approach to stopping crime before it occurs?

Reductivist approach (C) Signup and view all the answers

What limitation is associated with the effectiveness of deterrence?

Fear of punishment shifting locations of crime (C) Signup and view all the answers

What criticism emerged regarding rehabilitation efforts in the 1970s?

Evidence showed high re-offending rates post-release (D) Signup and view all the answers

What is one ethical concern regarding incapacitation?

Inaccurate predictions of future crimes (C) Signup and view all the answers

What philosophical principle does rehabilitation primarily align with?

Utilitarianism (C) Signup and view all the answers

What does the three strikes law in the US entail?

Life sentences for repeat offenders on the third conviction (D) Signup and view all the answers

What socio-historical factor influenced the rise of rehabilitation in the 18th and 19th centuries?

Industrial revolution and democratic shifts (A) Signup and view all the answers

What was a significant finding in Robert Martinson's review of rehabilitation programs?

Most programs were deemed ineffective (D) Signup and view all the answers

Which of the following is considered a strength of incapacitation?

It protects society from potential harm (D) Signup and view all the answers

Study Notes

Defining Key Terms/Concepts

Sentencing is where the abstract concept of law meets the concrete reality of individual lives
Law is words on paper, and only becomes relevant when applied in real-life situations
Think of the law as a book, they are words on paper until they have to be used, used to address significant issues.

Scenarios

In Canada, if a person steals something over $5,000, they can be sentenced to prison
Important to consider the person's motivations, criminal history, risk to society and their story
When deciding a sentence, consideration should be taken for the victim, the harms done to them, along with society and the offender

Formal Definition of Sentencing

Sentencing is a judicial decision
Judges have significant discretion in sentencing

Complexities in Sentencing

Definition of legal sanctions includes a wide range of possible punishments
Determining the right type and severity is very complex
Balance of various factors when determining an appropriate sentence
Goals of sentencing include societal values, individual impact on the offender, community safety and ensuring social justice.

Importance of Sentencing

Sentencing reflects societal values
Sentencing is about individual impacts and community safety
Including considerations of social justice and resource allocation

Community Safety

Sentencing aims to protect the public
High incarceration rates and lengthy sentences may not deter crime.
Sentencing aims to address root causes of crimes and society's overall values.

Resource Allocation

Sentencing impacts public resources (facilities, probation, etc.)
Lengthy prison terms correlate with increased costs.

Sentencing as a socio-legal process

Legal rules define crimes, punishments, and procedural guidelines
The process aims for consistency and fairness
Legal frameworks should reflect shifting societal values and concerns
The laws, while established, are fluid and change over time.

Social values and norms develop and shift alongside societal attitudes.
Changing attitudes lead to a move from punitive to more rehabilitative models

Public opinion and media influence

Media shapes public perceptions of crime.

Case Study

The crack cocaine epidemic of the 1980s led to harsher sentencing laws
This had disproportionate impact on black communities which correlates with mass incarceration

Perceptions of a crime are influenced by social and political issues.

Racialized portrayals of criminals influence societal perceptions of crime and punishment.

Corporate whistleblower

Whistleblowing is often rewarded for bravery and commitment to ethical behavior.
Whistleblowers are often protected from retaliation in order to encourage them.
Being a whistleblower may be seen as a crime if a person breaches confidentiality which damages the company's reputation.
Criticizing authority (rulers) may be an action that risks punishment.

Concept of Punishment

Punishment is inherently complex.
Social values (e.g. respect for property) influence conceptions of punishment.

Evolution of punishment

Punishment styles have existed across time and cultures
Societal values and morality influence the kinds of punishment given for crimes.
Early forms of punishment often involved public spectacle.

Previous Dominant discourses on Punishment

There are two major perspectives, penological and philosophical.
Penological focuses on practical administration of the system, and is concerned with measures for controlling crime.
Philosophical looks into morality and fairness.

Marxist Perspective

Punishment is tied to power and socio-economic inequalities.
Societal power structures and class disparities can affect sentencing outcomes.

Foucault's Perspective

Foucault's studies on punishment focused on its practical aspects
These include the design of prisons, surveillance, and methods of discipline.
He focused on the shift away from public punishment and control.

Norbert Elias's Perspective

Elias' theories focus on values and feelings surrounding crime and justice.

Theories of Punishment

There are 2 major perspectives about punishment.
Reducing future crime (consequential) and punishing past crimes (retributive) are considered.

Effectiveness of Deterrence

Harsh punishment does not always reduce re-offending
Fear of punishment can cause people to shift where they commit crimes.
Several factors such as emotions, drugs or alcohol, influence effectiveness of punishment.

Rehabilitation

Aims to transform offenders into law-abiding citizens.
Rehabilitation gained popularity in the 18th and 19th centuries, but public trust and support decreased in the 1970's because of rising re-offense rates.

Incapacitation

Aims at removing offender from society, therefore preventing them from committing further crimes.
Incapacitation is a form of punishment that aims to limit a person's ability to act as they see fit, so they are less likely to harm others.

Contemporary Practices

Limitations and Ethical Concerns around sentencing practices
Trends in England and the USA toward sentencing reform.

Disproportionate Punishments

The three strikes law in the US leads to disproportionate sentences, impacting people disproportionately.

Beyond the Screen: What did we Learn?

Real world consequences of sentencing practices, including unintended repercussions.

Retribution, Deterral, Denunciation

These are the 3 primary theoretical approaches to punishment; these theoretical approaches examine the concept of punishment.
Retribution emphasizes that offenders should be punished for the harm they caused.
Deterrence suggests that punishment might discourage future crimes.
Denunciation highlights the disapproval of society towards criminal actions.

The Complexity of Harm

Harm goes beyond physical harm.
Punishment can affect psychological well-being, financial situations and affect the emotional and social impact on other related individuals.

Denunciation

Denunciation as a mode of punishment, expressing disapproval through sentencing
It reflects societal values and may deter crime.

Restorative Justice

Aims to help heal the harm caused by crime and restore balance between victims, offenders, and communities.
Focuses on repairing harm rather than simply punishing offenders

Conditional Sentences

Conditional sentences are a way to serve time in the community.
The court can impose sentences up to 2 years but can also order conditions like curfews, or community service.
It is meant to give offenders a chance at rehabilitation and also prevent them from causing any future harm to the community.

Length of Sentence

This is tied into the sentencing processes and there are various limits that dictate the maximum time someone can spend in jail, whether this time is served as a maximum or minimum sentence.
The sentence given depends on the specific crime committed.
Mandatory minimum sentences require judges to impose specific minimum prison terms for certain crimes, regardless of the other circumstances of the case.
Judges often use their discretion to set sentences.

Pre-Sentence Reports

Used to provide information to judges on background, circumstances, and risk factors
Particularly useful in considering significant crimes or cases with complex details

Same-Day Sentencing

Can happen for some cases immediately, and there are complex factors to consider before this judgment is made

Discharges

These are outcomes of a sentencing hearing where a person is found not guilty or not held responsible for a crime.
This often comes with or without limitations on the person.
There are two types
- Absolute- A final decision that cannot be reversed.
- Conditional- Conditions that must adhere to.

Probation

Probation is an alternative to jail time, where an offender serves to time in the community while following rules and regulations.
This method of serving time could last up to 3 years.

Types of courts

Various court levels exist for different types of crimes.
These include provincial/territorial Courts (entry-level), Superior Courts and Courts of Appeal.

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Description

Test your knowledge on California's 'Three Strikes' law and its implications. This quiz covers its intentions, public response, and significant changes over the years. Discover the economic issues that arose from this controversial legislation.