FACT SHEET & REFERENCES
Posted: Wednesday, August 8, 2012 by CSULB Nursing Student Editors in
Vote
YES on Proposition 36: Three Strikes
Reform Act of 2012
What
is Prop 36?
Proposition
36: a change in the “Three Strikes Initiative of 1994” will be on the November
6, 2012 ballot as an initiative state statute. (Mercury News, 2012) If approved, Proposition 36 will change some
aspects of the original “Three Strikes” law that was approved by the state
voters in 1994. According to the Legislative
Analysts’s Office: This measure will reduce prison sentences served under the three strikes law by certain third
strikers whose current offenses are nonserious, non-violent felonies. The measure
will also allow resentencing of certain third strikers who are currently
serving life sentences for specified nonserious, non-violent felonies.
(Legislative Analyst’s Office, 2012)
Why
Vote YES on Prop 36?
Proposition
36 helps promote the ethical principle of justice, more specifically
retributive justice; the proportionate and reasonable penalty for a misdeed or
wrongdoing. By supporting proposition 36, nurses would be following provision
8.2 of ANA’s Code of Ethics in that “nurses have a responsibility to be
knowledgeable about the health status of the community and existing threats to
health and safety.” (The American Nurses Association, 2001)
Related
to Factors:
·
Proposition 36 would, “restore the voter’s original intent to put
violent and dangerous criminals behind bars forever”. (Yes on 36, 2012)
·
Data collected from the Legislative Analyst's Office as of
December 2004 shows that less than half of strikers are incarcerated for
serious/violent commitment offenses. A total of 56% of second and third
strikers committed nonserious/nonviolent crimes. ( Brown &
Jolivette, 2012)
·
The non-partisan Legislative Analyst's Office calculated that Prop
36 could save over $100 million every year to fund schools, prevent crime, and decrease
the need for tax increases by reducing the costs of incarcerating and providing
health care for aging non-violent inmates. ( Brown & Jolivette, 2012)
·
A sociology professor from UC Riverside, Robert Parker, analyzed
national crime data and found that the crime rates in California have decreased
similar to other states that enforce the three strikes law and those who do
not… suggesting that whatever is driving the trend in violent crime over the
last 46 years in these states it is not the three-strikes policy” (Miller,
2012).
·
If proposition 36 passes, it would be following the constitutional
principle of proportionality that is stated in the 8th amendment (ACLU, 2002).
The 8th amendment prohibits the federal government from imposing cruel and
unusual punishment (Cornell University Law School).
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Sources for Additional
Information:
B. Brown & G. Jolivette (2012). Retrieved from:
http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm#crim justice system
http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm#crim justice system
Civil Liberties Union. (2002). Retrieved from: http://www.aclu.org/racial-justice_prisoners-rights_drug-law-
reform_immigrants-rights/10-reasons-oppose-3-strikes-youre-
Legislative Analyst’s Office (2012). Retrieved from:http://www.lao.ca.gov/ballot/2012/36_11_2012.aspx
Mercury News. (2012). Retrieved from: http://www.mercurynews.com/breaking-news/ci_20834815/food-labeling-3-strikes-join-crowded-nov-ballot
Miller, B. (2012). Retrieved
from: Three-strikes law fails to reduce crime. UCR Today. Retrieved
from: http://ucrtoday.ucr.edu/3557
The American Nurses Association
(2001). Retrieved from: http://www.nursingworld.org/MainMenuCategories/EthicsStandards/CodeofEthicsforNurses/Code-of-Ethics.pdf
Prop 36 seems to be an effort to correct the mistakes made when implementing the Three Strikes Law. Hopefully this Prop passes so we actually have room to incarcerate those who truly deserve it. It is a waste of money and time on the legal system to put minor offenders behind bars when the money could be used to help society.