1

Critical and Creative Thinking

James Bush
CJS/225
March 7,2016
Michael Stauffer

2
Critical and Creative Thinking
In a situation where a stranger is approaching me from afar with his hand inside the pocket,
in many cases I perceive this person either as someone who wants to attack and rob me or I view
this person as someone who may be stranded and needs assistance form me, perhaps
transportation. However, this could be a street person who is begging for something. It is
necessary to be cautious at night and avoid direct confrontation with such people. In a situation
where this happens to be an attacker, first one has to look for means of escaping because this
person may have ill intentions, in that the intention may not necessarily be to rob and get away
with your property, but even be an assailant who is on a mission to kill you. This is a situation that
risks someones life.
Three Strikes
Being in a state with the three strikes law will not assist much since the studies show that
Three Strikes has more cons than pros. It will not help much in a situation where someone has
lost their life. Increasing the sentence of repeat offenders is also not something that can make
someone not repeat the act because some of these offenders develop resistance to harsh
punishment, hence, they adapt to the punishment. All the same, it is also and it will be better if it
happens in a state with the Three Strike law. This will ensure that this person is executed
accordingly should he/she commit any criminal act against me.
Three Strikes law, according to Walsh (2007), is a law of sentencing the repeat of criminal
offenders. Since it is stated that this person already has two other offences, this will be the third
time he/she is committing a criminal offence and the Three Strikes law will be and appropriate law
to apply in this case. This will increase the sentence of the repeat offender. If this happens to me in
a state where Three Strikes law is practiced, I am certain that justice will be done and I will
benefit in such ways.

3
Critical Thinking
It has been established that the idea of this proposal is based on the idea of imposing harsher
penalties that will act as deterrents. In many cases, the deterrent doesnt work efficiently in
preventing the crime, since most of the crimes are not done to benefit the criminal on the cost
basis as insinuated that these people committing crimes offences act on the economic model
rationale of more severe penalty being met by higher cost. The research has shown that these
severe punishments doesnt lower the rate of crime in general effect. The research has also
revealed the increased punishment severity, at best doesnt impose any harm to the offender
whatsoever at an individual level, that can make them not to repeat the offence, hence they will
always become criminogenic. This will result in higher recidivism rate when an offender is
imprisoned compared to the offender who was given another different type of sentence outcome.
Creative Thinking
Increasing the number of people who are locked in the prison is not only expensive but also not
effective in eradicating the crime rates. New Zealand for example in 2013 had a prison rate that is
could be ashamed of. The 2009 Treasury data revealed that is never a cheap exercise since tax
payers have to depart with huge lump sums of money. It is also argued that locking someone from
the community temporarily will only solve this problem temporarily and continue when the
offender is released back to the community, hence, not make our society secure in the long run.
This money can be put into smarter effective use such as investing in a community project that can
benefit a large number on community members in general, such as investing in restoration of
justice practices, which address socioeconomic inequalities, such as crimes against properties.
Conclusion
It is believed that Three Strike law helps to reduce the rate of crimes by threatening the
criminals with the increased incarcerations. In states that practice Three Strikes law, this person

4
may be scared and even though he/she comes ready to harm me, he/she may later change their
mind and not execute the crime against me. On the other hand, the offender may decide to risk
and accomplish his/her mission since he/she know Three Strike law is all about threatening with
reduced arrests of the felony.
However, a law Professor at a University in California suggested that the reports that validated
the Three Strike law as an act reducing the rate of crime in the country was inappropriate. This is
because, according to him, the law was close to ineffectiveness when it comes to fighting violent
crimes. This is due to same trends of rates of crime that are not affected by the law.
In a state that is not practicing the Three Strike laws, the offender may only be interested in
robbing me out of my properties and not execute any fatal offence on me because there is pain
that can ignite him/her to that much to an extent of let us say killing me. This state may also make
the offender reduce the level of punishment they will impose to the victims as Three Strike law
that may make the repeated offender to even commit more hazardous crime.

References

Bury, C., & Marquez, L. (2004). Three Strikes: Helpful or Hurtful? . Princeton, New Jersey:
Films for the Humanities& Sciences.

Kieso, D.W. (2005). Unjust sentencing and the California Three Strikes law. New York, :
Scholarly Pub.

Domanick, J. (2004). Cruel Justice: Three strikes and politics of crime in America's golden state
Berkeley, CA: University of California Press.
Greenwood , P.W. (1994). Three strikes and you're out:Estimated benefits and costs of
California's new mandatory-sentencing law. Santa Monica, CA: Rand.

Walsh, J. E. (2007). Three strikes laws. West Port, Conn: Greenwood Press.