Three-strikes law

This article is about the criminal justice law. For Internet disconnection policy, see Graduated response. For other uses of the term "Three Strikes", see Three Strikes (disambiguation). For the law in New Zealand, see Sentencing and Parole Reform Act 2010.
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In the United States, habitual offender laws[1] (commonly referred to as three-strikes laws) have been implemented since at least 1952,[2] and are part of the United States Justice Department's Anti-Violence Strategy.[3][4] These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction.[5][6] The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.[7]

Twenty-eight states have some form of a "three-strikes" law. A person accused under such laws is referred to in a few states (notably Connecticut and Kansas) as a "persistent offender", while Missouri uses the unique term "prior and persistent offender". In most jurisdictions, only crimes at the felony level qualify as serious offenses. And it may turn on which felonies are defined as being serious, which may vary depending on the jurisdiction, in particular, whether a subject felony must include violence or not.

The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence.

The expression "Three strikes and you are out" is derived from baseball, where a batter has three chances to either hit a pitched ball or earn an error called a "strike." After three "strikes" the batter strikes out and their chance to score is over.

  1. ^ White, Ahmed (2006). "The Juridical Structure of Habitual Offender Laws and the Jurisprudence of Authoritarian Social Control". Archived from the original on 2019-11-27. Retrieved 2019-04-07.
  2. ^ Spencer v. Texas, 385 U.S. 554 (1967) ("Article 63 provides: "Whoever shall have been three times convicted of a felony less than capital shall on such third conviction be imprisoned for life in the penitentiary."").
  3. ^ "Anti-Violence Strategy | USAO | Department of Justice". www.justice.gov. Archived from the original on 2017-03-24. Retrieved 2017-03-23.
  4. ^ "1032. Sentencing Enhancement – "Three Strikes" Law – USAM – Department of Justice". www.justice.gov. 2015-02-20. Retrieved 21 March 2018.
  5. ^ "1032. Sentencing Enhancement – "Three Strikes" Law | USAM | Department of Justice". www.justice.gov. 2015-02-20. Retrieved 2017-03-23.
  6. ^ Meese, Edwin (1994-01-01). "Three-Strikes Laws Punish and Protect". Federal Sentencing Reporter. 7 (2): 58–60. doi:10.2307/20639746. JSTOR 20639746.
  7. ^ "Three Strikes Law – A General Summary". www.sandiegocounty.gov. Retrieved 2017-03-23.