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Punishment and DemocracyThree Strikes and You're Out in California$
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Franklin E. Zimring, Gordon Hawkins, and Sam Kamin

Print publication date: 2003

Print ISBN-13: 9780195171174

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780195171174.001.0001

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The Jurisprudence of Imprisonment in California

The Jurisprudence of Imprisonment in California

(p.108) (p.109) Seven The Jurisprudence of Imprisonment in California
Punishment and Democracy

E.Zimring Franklin

Gordon Hawkins

Sam Kamin

Oxford University Press

This chapter examines how the 1994 legislation interacts with prior law to create a complicated and often inconsistent set of principles that guide the punishment of felons in California. It looks at the theory and practice of Three Strikes in the broader context of sentencing throughout the criminal justice system in California. It shows how the new law influenced the distribution of punishments among crimes and criminals, particularly the most serious punishments imposed. The first part of the chapter traces the modern history of sentencing reform in California. A second part profiles the mix of theories that now applies to different classes of felony offenders in the current statutory pattern. The third part uses data from the study to assess the impact of the new law on proportionality of punishment and on sentencing disparity.

Keywords:   sentencing reform, criminal sentencing, sentencing disparity

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