Policy Analysis III

Policy Analysis III

Introduction

The three strikes concept of California dictates that every individual is free up to three times after committing petty crimes. Murder, rape and other serious crimes are exempted from this. Other petty crimes give the individuals three 'strikes' or chances before they are taken into custody. This law is applicable in the State of California.

One of the major reasons for the application of this law is over-crowding. Over-crowding is when the prisons start exceeding the capacity of prisoners which they have. If the criminals are being sentenced to jails, but are not being freed in the same manner or passing away (natural causes or death sentence), then it is inevitable that the prisons start becoming crowded.

If this law is applied then it gives the prisons a respite chance as it will regulate and lessen the number of criminals being impounded for petty crimes like substance abuse, prostitution, etc.

Discussion

Crime Control Model

The right for trial and appeal when needed and protection, are not the same at all yet they have a very deep impact on the modern judicial system which is prevalent in the U.S. During the comparison of the crime control models and the due process, the fact to considered is the the "proponents of both models embrace constitutional values." (H.Packer, Criminal Procedure, p. 12).  The manner of working of both the systems in tandem is less but they both have been seen to work in accordance with the current adversarial system.

The statement is supported by the fact that all of the regulatory or statuary authorities for instance the prosecutors and the police are not permitted to take any action against an individual if they have not broken the law. However, this does not mean that they are allowed to act against the behavior of individuals which are against their own morals. (Criminal Procedure)  The system has not be founded upon harassing the public or false imprisonment. There a formal understanding regarding the limits of the system which must be focused on all times. For example, the State Government has limited abilities and powers when there is a matter of investigation of a person or a crime (Criminal Procedure, p. 13).

The long arm of the law still has its' limit no matter how much their stretched. They are not permitted to abuse their rights and powers. They have to keep the fact in mind that all the individuals possess rights to reasonable privacy as directed by the Constitution. Even those criminals who are 'alleged' are considered to be independent entities (Criminal Procedure). This actually means that the authorities are allowed to prosecute the alleged criminals without giving them their required 'day in courts'.

According to the Model of Crime Control, following "the repression of the criminal conduct is by far the most important function to be performed by the criminal process" (Criminal Procedure, p. 13). However, this circles back to the protection of privacy of the people while at the same time, efforts to hold ...