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Argument: Studies show mandatory sentencing does not deter crime

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Supporting evidence

  1. The perceived probability of being caught and successfully prosecuted;
  2. Knowledge that a term of imprisonment is a guaranteed penalty if convicted;
  3. Knowledge of the minimum length of sentence upon conviction1.
"Of these three factors, only the third varies as the length of an offender’s criminal history increases. Therefore, to the extent that the length of the minimum sentence applying to a prospective offender’s next strike is an effective deterrent, this fact should be revealed in a lower probability of reconviction after two strikes than is observed after one strike. The data at Figure 5 does not provide support for the idea that the threat, or experience, of a longer sentence reduced the likelihood of a person being reconvicted for a mandatory sentencing-related property offense."

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