Photo credits: PBS
Author’s note:
In Florida, a “Two Strikes” law dictates that people convicted of certain categories of crime, including carjacking or other felonies, who re-offend within three years are subject to life in prison without parole, even if this is just a second offense. Having been deemed “one of the strictest sentencing laws in the US” by many, this law led to Floridian Mark Jones acquiring a life sentence without a chance of parole as a result of an attempted carjacking. Philosophically and logically speaking, the harshness of the punishment seems unmatched to the damage of the crime, which inflicted no harm to any individual or vehicle. Regardless, this law has resulted in many re-offenders gaining multiple life sentences as a result of crimes that would not have originally resulted in such harsh a sentence. Though this has led to a slight decrease in re-offending incidents, critics argue that this policy is much too strict and inflicts unjustifiably heavy punishments. I argue that despite its benefits, the “Two Strikes” law is not promoting a decrease in crime, but rather fear of the legal system.
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It is a hot, sunny day in Florida, and his head is pounding. It has been for hours. His grip tightened on the empty beer bottle in his right hand, willing more liquid to magically appear, as he desperately sought to ease his anxiously-racing thoughts.
With blood pulsing through his brain, every small noise was like a drill through concrete. A child whistled, and his blood boiled. A man chuckled, and the hairs on his arm rose. A car engine started, and he whipped around instantly to see it.
It was large and gray, with its black windows shielding the driver from his view. Something about it was alluring. His fingers twiddled as he watched it. Illegal thoughts conjured in his mind.
His legs began walking before his brain had considered all of the potential consequences. Briskly, he made his way toward the car and began wrangling at the handle. He twisted, banged, and pulled until the window opened and the driver began to scream. He hushed her desperately. It was too late.
Her screams would ring through his mind nearly daily in the life sentence that resulted.
This was how Mark Jones, a one-time cadet who had been struggling with PTSD and alcoholism, received a life sentence for a failed carjacking. Prior to the incident, Jones had committed a string of petty thefts. One such minor theft, which involved him stealing a $400 toolset from Home Depot, led to his first imprisonment.
Post-release, drunk in the parking lot of a Florida grocery store, he attempted to steal a woman’s car keys. She promptly screamed and drove away, in response to which he simply ceased his attempts and walked away.
After being arrested for the attempt, Jones went to trial, refusing a plea deal that would have given him fifteen years in prison. Prosecutors invoked Florida’s “Two Strikes” law, which increases prison sentences to the mandatory maximum for those found guilty of certain repeat offenses. Specifically, for those who commit a felony within three years of leaving prison, the maximum sentence can be enacted even if the felony was a failed attempt or if no one was harmed. Thus, once the jury found Jones guilty, this small criminal attempt led to “life without the possibility of parole,” in the words of Mark Jones, who stated, “I’m in here till I die.”
Jones is certainly not the only person facing such harsh consequences. The number of those serving life-without-parole sentences has increased significantly, rising to 56,000. In many states, those serving life sentences become eligible for parole after fifteen years. Still, Florida virtually ended parole decades ago, making life sentences permanent in the vast majority of cases.
Hence, the “Two Strikes” law has become extremely contentious. Though many government and law enforcement officials have claimed that this law has successfully decreased crime, research has determined that the positive effects of this law are limited, with the incarceration rate having increased since 2010 by 38 percent. Thus, it seems as though the benefits of the law are not reflected.
However, the fear and injustice that this law has caused is undeniable. A life sentence for petty theft, even for a repeated offense, extends beyond preventing crime to unreasonably cruel punishment. Not only does this enact unjustified sentencing, but it also hurts the families of repeat offenders, who are often left to wonder how a minor crime led to permanent separation from their loved ones.
Hence, though the motivation behind the “Two Strikes” law is understandable, its execution is unjust and must be resolved to ensure a stop to cruel punishment.
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Jurisview Journal is a student-led blog that publishes biweekly articles about interesting criminal cases. Our aim is to shed light on cases that require justice or further exploration and provide input on controversial legal events. We also publish infographics to help victims or those who wish to educate themselves on legal issues.
Works Cited
Aspinwall, Cary. “In Florida, two strikes and you're in prison forever.” Tampa Bay Times, 11 November 2021, https://www.tampabay.com/news/florida/2021/11/11/in-florida-two-strikes-and-youre-in-prison-forever/. Accessed 17 November 2024.
“Florida: Increased Incarceration Had Limited Effect on Reducing Crime for Over Two Decades Facebook X LinkedIn.” Brennan Center for Justice, 12 February 2015, https://www.brennancenter.org/our-work/analysis-opinion/florida-increased-incarceration-had-limited-effect-reducing-crime-over. Accessed 17 November 2024.
“The Marshall Project and Frontline Present ‘Two Strikes’ and ‘Tutwiler.’” Framework, https://www.frameworknow.com/prison-usa-rendition/the-marshall-project-and-frontline-present-two-strikes-and-tutwiler. Accessed 17 November 2024.
Taddonio, Patrice. “Florida's 'Two-Strikes' Law Put Him in Prison for Life. Even His Victim Said It Was Too Harsh.” PBS, 5 September 2023, https://www.pbs.org/wgbh/frontline/article/florida-two-strikes-law-mark-jones-criminal-justice-documentary-excerpt/. Accessed 17 November 2024.
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