In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952,
and are part of the
United States Justice Department
The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the United States government tasked with the enforcement of federal law and a ...
's Anti-Violence Strategy. These
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
s 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
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
in
prison
A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the
punishment
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
of those who continue to commit offenses after being convicted of one or two serious
crime
In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...
s.
Twenty-eight
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
s have some form of a "three-strikes" law. A person accused under such laws is referred to in a few states (notably
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
and
Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
) as a "persistent offender", while
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
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
Baseball is a bat-and-ball sport played between two teams of nine players each, taking turns batting and fielding. The game occurs over the course of several plays, with each play generally beginning when a player on the fielding tea ...
, where a
batter
Batter or batters may refer to:
Common meanings
* Batter (cooking), thin dough that can be easily poured into a pan
* Batter (baseball), person whose turn it is to face the pitcher
* Batter (cricket), a player who is currently batting
* Batter ...
against whom three strikes are recorded
strikes out.
History
The practice of imposing longer prison sentences on repeat offenders (versus first-time offenders who commit the same crime) is present throughout most of American history, as judges often take into consideration prior offenses when sentencing. However, there is a more recent history of
mandatory prison sentences
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
for repeat offenders. For example,
New York State
New York, officially the State of New York, is a state in the Northeastern United States. It is often called New York State to distinguish it from its largest city, New York City. With a total area of , New York is the 27th-largest U.S. stat ...
had a long-standing ''Persistent Felony Offender'' law dating back to the early 20th century (partially ruled unconstitutional in 2010, but reaffirmed ''
en banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...
'' shortly after). But such sentences were not compulsory in each case, and judges had much more discretion as to what term of incarceration should be imposed.
During
Prohibition
Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
the state of
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
enacted one of the harshest laws against bootlegging in the nation. The law required a life sentence for those violating liquor laws for the fourth time. In late 1928 Etta Mae Miller, a mother of four was found guilty under this law, sparking outrage.
The first true "three-strikes" law was passed in 1993, when
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
voters approved
Initiative 593.
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
passed its own in 1994, when their voters passed Proposition 184 by an overwhelming majority, with 72% in favor and 28% against. The initiative proposed to the voters had the title of ''Three Strikes and You're Out'', referring to ''
de facto
''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' life imprisonment after being convicted of three violent or serious felonies which are listed under California Penal Code section 1192.7.
The concept swiftly spread to other states, but none of them chose to adopt a law as sweeping as California's. By 2004, twenty-six states and the federal government had laws that satisfy the general criteria for designation as "three-strikes" statutes—namely, that a third felony conviction brings a sentence of 20 to life where 20 years must be served before becoming parole eligible. A 1997 study found that in California, "the three-strikes law did not decrease serious crime or petty theft rates below the level expected on the basis of preexisting trends."
Three-strikes laws have been cited as an example of the
McDonaldization
McDonaldization is a McWord developed by sociologist George Ritzer in his 1993 book ''The McDonaldization of Society''. For Ritzer, "McDonaldization" is when a society adopts the characteristics of a fast-food restaurant. The process of McDonald ...
of punishment, in which the focus of criminological and penological interest has shifted away from retribution and treatment tailored to the individual offender and toward the control of high-risk groups based on aggregations and statistical averages. A three-strikes system achieves uniformity in punishment of criminals in a certain class (viz., three-time offenders) in a way that is analogous to how a
fast food restaurant
A fast-food restaurant, also known as a quick-service restaurant (QSR) within the industry, is a specific type of restaurant that serves fast-food cuisine and has minimal table service. The food served in fast-food restaurants is typically ...
achieves uniformity of its product.
Enactment by states
The following
states have enacted three-strikes laws:
*
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
has employed a habitual felon statute since 1797.
*
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
has had a law dealing with habitual felons since 1967, but the law was amended in 1994 and now means that a third conviction for any violent felony (which includes any Class A, B, C, D or E Felony) will result in a mandatory sentence of life imprisonment without parole.
*
Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
has had a habitual felon statute for violent offenders since 1975. The law was amended in 1994, meaning that a fourth conviction for a crime of violence mandates a sentence of
life imprisonment
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
without parole.
*
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
has had a habitual felon statute for serious and violent felons since 1977, providing for up to life imprisonment, and includes a mandatory life sentence without parole for three or more felony convictions for any crime and one of those convictions were for any offense classified as a Class A Felony (10–99 years or life).
*
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
has had a three-strikes law providing up to life imprisonment for serious felonies since 1973, when the Delaware Criminal Code, contained under Part I, Title 11 of the Delaware Code, became effective.
*
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
has had a three-strikes with mandatory life sentence since at least 1952.
**In ''
Rummel v. Estelle
''Rummel v. Estelle'', 445 U.S. 263 (1980), (sometimes erroneously cited as ''Rummel v. Estell'') was a United States Supreme Court case in which the Court upheld a life sentence with the possibility of parole under Texas' three strikes law for a ...
'' (1980), the US Supreme Court upheld Texas's statute, which arose from a case involving a refusal to repay $120.75 paid for air conditioning repair that was, depending on the source cited, either considered unsatisfactory or not performed at all,
where the defendant had been convicted of two prior felony convictions, and where the total amount involved from all three felonies was around $230.
*In 1993:
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
*In 1994:
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, Connecticut, Indiana, Kansas, Maryland, New Mexico,
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
,
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, Louisiana, Wisconsin, and Tennessee. Tennessee is one of the few states, together with Georgia and South Carolina, that mandates life without parole for two or more convictions for the most serious violent crimes, including murder, rape, aggravated cases of robbery, sexual abuse or child sexual abuse, etc.
**California's original Proposition 184 was later modified by
2012 California Proposition 36. In 2003, a sentence under the law was upheld in ''
Ewing v. California
''Ewing v. California'', 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in i ...
.''
*In 1995: Arkansas,
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, Montana, Nevada, New Jersey, North Dakota, Pennsylvania, Utah, Georgia and Vermont. Georgia has a "two strikes" law, also known as the "seven deadly sins" law, which mandates a sentence of life imprisonment without parole for two or more convictions of murder, rape, armed robbery, kidnapping, aggravated sexual battery, aggravated sodomy, or aggravated child molestation or any combination of those offenses.
*In 1996: South Carolina. South Carolina also has a "two strikes" law for crimes known as a "most serious offense", which are crimes like murder, rape, attempted murder, armed robbery, etc. whereas, the "three strikes" law applies to "serious offenses" which are many drug offenses, other violent crimes like burglary, robbery, arson, etc. and even serious nonviolent crimes like insurance fraud, forgery, counterfeit, etc. Two convictions or three convictions under these provisions or any combination of these will automatically result in a sentence of life in prison without the possibility of parole. The South Carolina "two strikes" law is similar to Georgia's
seven-deadly-sins law
In the United States, a ''seven-deadly-sins law for juvenile offenders'' is a law intended to address the increasing rates of violent crime among youth.Banks 2007, Abstract. The law has taken many forms in different state legislatures in the Unit ...
.
*In 2006: Arizona
*In 2012:
Georgia, South Carolina and Tennessee are the only states in the United States to date that have "two strikes" laws for the most serious violent crimes, such as murder, rape, serious cases of robbery, etc. and they all mandate a sentence of life imprisonment without parole for a conviction of any such crimes a second time around.
Application
The exact application of the three-strikes laws varies considerably from state to state, but the laws call for life sentences for at least 25 years on their third strike. In the state of
Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
, any person who receives their fourth strike for any crime of violence will automatically be sentenced to life imprisonment without parole.
Most states require one or more of the three felony convictions to be for violent crimes in order for the mandatory sentence to be pronounced. Crimes that fall under the category of "violent" include: murder, kidnapping, sexual abuse, rape, aggravated robbery, and aggravated assault.
Some states include additional, lesser offenses that one would not normally see as violent. For example, the list of crimes that count as serious or violent in the state of California is much longer than that of other states, and consists of many lesser offenses that include: firearm violations,
burglary
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder ...
, simple robbery,
arson
Arson is the crime of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, wat ...
, and providing
hard drugs to a minor, and
drug possession
The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances.
While some drugs are illegal to possess, many governments regulate the ...
. As another example, Texas does not require any of the three felony convictions to be violent, but specifically excludes certain "state jail felonies" from being counted for enhancement purposes.
One application of a three-strikes law was the Leonardo Andrade case in California in 2009. In this case,
Leandro Andrade attempted to rob $153 in videotapes from two San Bernardino K-Mart stores. He was charged under California's three-strikes law because of his criminal history concerning drugs and other burglaries. Because of his past criminal records, he was sentenced to 50 years in prison with no parole after this last burglary of K-Mart. Although this sentencing was disputed by
Erwin Chemerinsky
Erwin Chemerinsky (born May 14, 1953) is an American legal scholar known for his studies of United States constitutional law and federal civil procedure. Since 2017, Chemerinsky has been the dean of the UC Berkeley School of Law. Previously, he a ...
, who represented Andrade, as cruel and unusual punishment under the
8th Amendment, the Supreme Court ruled in support for the life sentencing.
In 1995,
Sioux City, Iowa
Sioux City () is a city in Woodbury and Plymouth counties in the northwestern part of the U.S. state of Iowa. The population was 85,797 in the 2020 census, making it the fourth-largest city in Iowa. The bulk of the city is in Woodbury County, ...
native
Tommy Lee Farmer, a professional criminal who had served 43 years in prison for murder and armed robbery was the first person in the United States to be convicted under the federal three-strikes law when he was sentenced to life in prison for an attempted robbery at an eastern Iowa convenience store. He was prosecuted by
Stephen J. Rapp, a US Attorney appointed by Clinton. The sentencing was considered so significant that President Bill Clinton interrupted a vacation to make a press statement about it.
Another example of the three-strikes law involves
Timothy L. Tyler
Timothy Leonard Tyler (born 1968) is an American who was sentenced to Life imprisonment, life in prison for possession and distribution of LSD (or "acid") under the federal three-strikes law. In August 2016, after serving 24 years and 27 days be ...
who, in 1992 at age 24, was sentenced to life in prison without parole when his third conviction (a federal offense) triggered the federal three-strikes law, even though his two prior convictions were not considered violent, and neither conviction resulted in any prison time served.
Effects
United States
Analyzing the effect of the Three-Strikes legislation as a means of deterrence and
incapacitation, a 2004 study found that the Three-Strikes Law did not have a very significant effect on deterrence of crime, but also that this ineffectiveness may be due to the
diminishing marginal returns
In economics, diminishing returns are the decrease in marginal (incremental) output of a production process as the amount of a single factor of production is incrementally increased, holding all other factors of production equal (ceteris paribus ...
associated with having pre-existing repeat offender laws in place.
Another study found that arrest rates in California were up to 20% lower for the group of offenders convicted of two-strike eligible offenses, compared to those convicted of one-strike eligible offenses. The study concluded that the three-strikes policy was deterring recidivists from committing crimes. California has seen a reduction in criminal activity "Stolzenberg and D’Alessio found that serious crime in California’s 10 largest cities collectively had dropped 15% during the 3-year post-intervention period"
A study written by Robert Parker, director of the Presley Center for Crime and Justice Studies at UC Riverside, states that violent crime began falling almost two years before California's three-strikes law was enacted in 1994. The study argues that the decrease in crime is linked to lower alcohol consumption and lower rates of unemployment.
A 2007 study from the
Vera Institute of Justice
The Vera Institute of Justice, founded in 1961, is an independent nonprofit national research and policy organization in the United States. Based primarily in New York City, Vera also has offices in Washington, DC, and describes its goal as "to t ...
in New York examined the effectiveness of
incapacitation under all forms of sentencing. The study estimated that if US incarceration rates were increased by 10 percent, the crime rate would decrease by at least 2%. However, this action would be extremely costly to implement.
Another study found that three-strikes laws discourage criminals from committing misdemeanors for fear of a life prison sentence. Although this deters crime and contributes to lower crime rates, the laws may possibly push previously convicted criminals to commit more serious offenses. The study's author argues that this is so because under such laws, felons realize that they could face a long jail sentence for their next crime, and therefore they have little to lose by committing serious crimes rather than minor offenses. Through these findings, the study weighs both the pros and cons for the law.
A 2015 study found that three-strikes laws were associated with a 33% increase in the risk of fatal assaults on law enforcement officers.
New Zealand
In 2010, New Zealand enacted a similar three-strikes law called the
Sentencing and Parole Reform Act 2010
The Sentencing and Parole Reform Act 2010, now repealed, was an Act of Parliament in New Zealand that denied parole to repeat violent offenders, and imposed maximum terms of imprisonment on repeat offenders who commit three serious violent offence ...
. The bill was sponsored by Police and Corrections Minister
Judith Collins
Judith Anne Collins (born 24 February 1959) is a New Zealand politician who served as the Leader of the Opposition and Leader of the New Zealand National Party from 14 July 2020 to 25 November 2021. She was the second female Leader of the Natio ...
from the ruling
National Party. It was passed into law by the National and
ACT parties but was opposed by the opposition
Labour
Labour or labor may refer to:
* Childbirth, the delivery of a baby
* Labour (human activity), or work
** Manual labour, physical work
** Wage labour, a socioeconomic relationship between a worker and an employer
** Organized labour and the labour ...
and
Green
Green is the color between cyan and yellow on the visible spectrum. It is evoked by light which has a dominant wavelength of roughly 495570 Nanometre, nm. In subtractive color systems, used in painting and color printing, it is created by ...
parties, and National's support partner, the
Māori Party
Māori or Maori can refer to:
Relating to the Māori people
* Māori people of New Zealand, or members of that group
* Māori language, the language of the Māori people of New Zealand
* Māori culture
* Cook Islanders, the Māori people of the Co ...
. While the Sentencing and Parole Act was supported by conservative groups such as the
Sensible Sentencing Trust
The Sensible Sentencing Trust is a political advocacy group based in Napier, New Zealand. The Trust's stated goal is "to educate both the public and victims of serious violent and/or sexual crime and homicide" It focuses on advocating for the ri ...
, critics attacked the law for promoting
penal populism
Penal populism is a media driven political process whereby politicians compete with each other to impose tougher prison sentences on offenders based on a perception that crime is out of control. It tends to manifest in the run up to elections when ...
and disproportionately targeting the
Māori community.
In early June 2018, an attempt by the
Labour-led coalition government to overturn the Sentencing and Parole Act was blocked by Labour's support partner
New Zealand First
New Zealand First ( mi, Aotearoa Tuatahi), commonly abbreviated to NZ First, is a nationalist and populist political party in New Zealand. The party formed in July 1993 following the resignation on 19 March 1993 of its leader and founder, Winst ...
and the opposition National and ACT parties. NZ First had indicated its opposition to overturning the three-strikes bill, prompting
Justice Minister
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
Andrew Little to abandon the attempt.
On 11 November 2021, the
Minister of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
Kris Faafoi
Kristopher John Faafoi (born 23 June 1976) is a former New Zealand Labour Party politician. He became the Member of Parliament for the Mana electorate in 2010. He did not contest the seat as an electorate MP in 2020 but continued as a list MP ...
announced that the Government was introducing legislation to repeal the Sentencing and Parole Reform Act. On 9 August 2022, the New Zealand Parliament passed the
Three Strikes Legislation Repeal Bill, which repealed the Sentencing and Parole Reform Act. The repeal legislation was supported by the Labour, Green, and Māori parties but was opposed by the National and ACT parties, who stated that they would reinstate three-strikes legislation if re-elected in 2023.
Criticism
Some criticisms of three-strikes laws are that they clog the court system with defendants taking cases to trial in an attempt to avoid life sentences, and clog jails with defendants who must be
detained while waiting for these trials because the likelihood of a life sentence makes them a flight risk. Life imprisonment is also an expensive correctional option, and potentially inefficient given that many prisoners serving these sentences are elderly and therefore both costly to provide health care services to and statistically at low risk of recidivism. Dependents of prisoners serving long sentences may also become burdensome on welfare services.
Prosecutors have also sometimes evaded the three-strikes laws by processing arrests as parole violations rather than new offenses, or by bringing misdemeanor charges when a felony charge would have been legally justified. Likewise, there is potential for witnesses to refuse to testify, and juries to refuse to convict, if they want to keep a defendant from receiving a life sentence; this can introduce disparities in punishments, defeating the goal of treating third-time offenders uniformly. Three-strikes laws have also been criticized for imposing disproportionate penalties and focusing too much on street crime rather than
white-collar crime
The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. It was first defined by the sociologist Edwin Sutherland in 1939 as "a ...
.
[
]
See also
* 10-20-Life
The Florida Statute 775.087, known as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from ...
* Armed Career Criminal Act
The Armed Career Criminal Act of 1984 (ACCA) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times.
If a felon has three or more ...
* Baumes law
The Baumes law was an anti-crime statute adopted by New York State in 1926.
Description
The laws are two amendments (Chap. 457, Laws 1926, sections 1941 & 1943) to the Laws of New York.
Written by and named after Senator Caleb H. Baumes, the ch ...
, 1926 four strike law
* Ricardo Cerna, a 47-year-old man who committed suicide in 2003 after being arrested for attempted murder, which would have been his third strike
* Deterrence
Deterrence may refer to:
* Deterrence theory, a theory of war, especially regarding nuclear weapons
* Deterrence (penology), a theory of justice
* Deterrence (psychology)
Deterrence in relation to criminal offending is the idea or theory that t ...
* First Step Act
The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th Congress and signed by President Donald Trump in Decembe ...
* Habitual offender laws
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced o ...
, a comparison of similar laws in several countries
* Habitual Criminals Act
* HADOPI law
The French HADOPI law or Creation and Internet law (french: Haute Autorité pour la Diffusion des Œuvres et la Protection des droits d'auteur sur Internet, ; or, loosely in English, "Supreme Authority for the Distribution of Works and Protection o ...
* Incapacitation (penology)
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and ...
* Indefinite prison sentence
* Mandatory sentencing
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
* One strike, you're out
One strike, you're out, is a colloquial term for a policy which allows tenants living in housing projects or otherwise receiving housing assistance from the federal government to be evicted if they, or any guest or visitor under their more-or-le ...
* Prison-industrial complex
* Recidivism
Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
* Stanford Law School Criminal Defense Clinic
* United States Federal Sentencing Guidelines
The United States Federal Sentencing Guidelines are rules published by the U.S. Sentencing Commission that set out a uniform policy for Sentence (law), sentencing individuals and organizations convicted of Classes of offenses under United States f ...
References
{{DEFAULTSORT:Three-Strikes Law
U.S. state criminal law
Sentencing (law)
California law