Punishment and Democracy: Three Strikes and You're Out in California / Edition 1

by Franklin E. Zimring, Gordon Hawkins, Sam Kamin

Overview

"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 moment of 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, and San 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 trend toward 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.

Product Details

ISBN-13:	9780195136869
Publisher:	Oxford University Press
Publication date:	02/15/2001
Series:	Studies in Crime and Public Policy
Pages:	256
Product dimensions:	9.00(w) x 6.00(h) x 0.75(d)
Lexile:	1500L (what's this?)

About the Author

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

Editorial Reviews

"[A] major study of this unique legislation.... [It] is, quite simply, required reading for anyone interested in crime policy in California, the United States in general, or any modern democratic nation....In an area drenched with emotionalism, the authors have produced a study that is analytically incisive in setting up its categories, conscientious in collecting its data, and judicious in reaching its conclusions. It is also highly readable."—Law and Politics Book Review

"Ever since California's 'Three Strikes and You're Out' law was adopted, supporters and opponents have debated its effects on the crime rate and on the criminal justice system with far more heat than light. Now, for the first time, Frank Zimring and his colleagues provide hard data based on careful evaluation of the evidence, amplified by valuable insights into the relationship between punishment policy and the political process. Some of their findings are surprising, and neither side will be entirely pleased with the results, but the authors' meticulous research and well reasoned analysis provide an extremely valuable resource for judging what they aptly describe as "the largest penal experiment in American history."—Joseph Grodin, former Associate Justice, California Supreme Court and John F.DiGardi Distinguished Professor of Law, University of California Hastings College of the Law

"An authoritative and convincing account of how the Three Strikes law came to be, and its impact on crime in California. There is also a wide-ranging discussion of how the law fits in to some larger social phenomena, including the politics of punishment and the way in which levels of trust in government have fallen. This would be a better society, with more just and humane policies, if people in authority read and paid attention to this brilliant, closely-reasoned, and intensely significant book."—Lawrence Friedman, Marion Rice Kirkwood Professor of Law, Stanford Law School

"This book tells two important stories, with authority and clarity. The first is a sobering account of the genesis and impact of California's three strikes law, a cautionary tale of one state's experiment in establishing sentencing policy through direct democracy. On another level, this book raises profound questions about the direction of criminal justice policy in America and provides rich insights and fresh analysis that, if heeded, could guide a return to policies that are both more principled and more practical."—Jeremy Travis, Senior Fellow at the Urban Institute and former director of the National Institute of Justice

"This book is an exemplar of criminology, the science of law-making, law-breaking, and law-enforcing. Few criminologists have ever succeeded as well in answering all three questions about such an important legal change. Punishment and Democracy will stand for years as both a substantive and methodological landmark."-Lawrence W. Sherman, Greenfield Professor of Human Relations and Director, Jerry Lee Center of Criminology, University of Pennsylvania

"Reading this book should be penance and a must read for California Governors and legislators, past and present, who helped make this ill-conceived law a reality. [It] should be helpful to public policy makers throughout the United States as they contemplate better crime control measures."-John Van de Kamp, former Attorney General for California

From the Publisher