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Fear of the First Strike: The Full Deterrent Effect of California's Two- and Three-Strikes Legislation

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Author Info
Shepherd, Joanna M
Abstract

Many states have recently enacted three-strikes laws to increase punishment for frequent offenders. However, only California actively enforces its three-strikes legislation. Existing studies of the impact on crime in California consider only partial deterrence: the deterrence of offenders committing their last strike. The only study addressing full deterrence, the deterrence of all potential offenders, examines the impact across all states in a model that does not consider the simultaneity of crime and the passage of three-strikes laws. I offer a theoretical model that shows that strike laws should deter all offenders and that partial deterrence measurements underestimate the laws' benefits. Theory-based empirical results indicate that strike sentences generally deter the crimes covered by the laws. During the first 2 years of the legislation, approximately eight murders, 3,952 aggravated assaults, 10,672 robberies, and 384,488 burglaries were deterred in California; however, larcenies increased by 17,700 during this period. Copyright 2002 by the University of Chicago.

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Publisher Info
Article provided by University of Chicago Press in its journal Journal of Legal Studies.

Volume (Year): 31 (2002)
Issue (Month): 1 (January)
Pages: 159-201
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Handle: RePEc:ucp:jlstud:v:31:y:2002:i:1:p:159-201

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  1. John J. Donohue III & Justin Wolfers, 2006. "Uses and Abuses of Empirical Evidence in the Death Penalty Debate," IZA Discussion Papers 1949, Institute for the Study of Labor (IZA). [Downloadable!]
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