Three-Strikes Law in the United States
The Three-Strikes Law impacts sentencing practices for repeat offenders in the United States. Here’s everything you need to know about the Three-Strikes Law in the United States and which states have it.
Since its inception in the 1990s, 28 states have enacted some form of the Three-Strikes Law. States that have some form of a Three-Strikes Law are Arkansas, California, Colorado, Connecticut, Florida, Georgia, Indiana, Kansas, Louisiana, Maryland, Montana, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, and Wisconsin.
What is the Three-Strikes Law?
The Three-Strikes Law is a criminal sentencing structure intended to punish repeat offenders of “serious” or “violent” felonies. Three-Strikes Laws are state-dependent and are also federally classified. Typically, in states with a Three-Strikes Law, each “serious” or “violent” felony constitutes a strike. After the third strike, states generally sentence individuals to a minimum of 25 years to life in prison.
What is a “serious” or “violent” felony?
A “serious” or “violent” felony is a felony where an individual commits significant harm. Classification of “serious” and “violent” felonies varies by state. “Violent” felonies may include, but are not limited to:
- Murder,
- Voluntary manslaughter,
- Robbery,
- Arson,
- Attempted murder, and
- Any felony including a firearm.
“Serious” felonies may include, but are not limited to:
- Rape,
- Grand Theft,
- Carjacking, and
- First-Degree Burglary.
How do Three-Strikes Laws Vary by State?
All Three-Strikes Laws increase the severity of punishment for repeat offenders. The specific composition and application of Three-Strikes Laws vary significantly by state. Common differences include:
Related: California Theft Laws: Types, Penalties, & Defenses
What Constitutes a Strike
Each state with a Three-Strikes Law constitutes a “strike” differently. Most states require the first two strikes to be “violent” felonies. The third strike, however, tends to vary by state. Some states require the third strike to be a “violent” felony. Other states consider any felony or misdemeanor the third strike.
How Many Strikes Before “You’re Out”
While Three-Strikes Laws tend to increase punishment after three strike-able offenses, some states are notable exceptions. Certain states, including Tennessee, Florida, Georgia, and South Carolina, mandate life imprisonment after two strikes. Maryland, on the other hand, requires life imprisonment after four strikes. In addition, many states’ Three-Strike Laws include a two-strike provision. Two-strike provisions increase punishment severity after one strike-able offense. In California, for example, an individual convicted of a felony after one strike able offense is sentenced to twice the term typically required.
The Punishment for Third-Strikers
Three-Strikes Laws increase the severity of punishment for repeat offenders. The mandatory sentence, however, varies by state. The most notable variation between states’ Three-Strikes Laws is eligibility for parole.
Some states automatically sentence life imprisonment without the possibility of parole. The states prohibiting parole include Georgia, Montana, Tennessee, Louisiana, South Carolina, Indiana, New Jersey, North Carolina, Virginia, Washington, and Wisconsin. In a few states, individuals are eligible for parole after serving a set amount of time. States permitting parole under their Three-Strikes Law include California, Colorado, and New Mexico.
What is the Purpose of Three-Strikes Laws?
The Three-Strikes system originated in the 1990s as a facet of the “Tough on Crime” movement. The purpose of the Three-Strikes Laws is to identify repeat offenders to decrease violent crime rates. The Three-Strikes Law targets repeat offenders who appear unresponsive to traditional incarceration practices. The Three-Strikes system established a two-part plan to reduce crime. The system intends to keep repeat offenders off the street and discourage previous offenders from committing new crimes.
Related: California Gun Laws: Commonly Asked Questions
What is the future of the Three-Strikes Law?
Since the inception of the Three-Strikes Law, many states have not seen a significant decrease in crime. As a result, many states, including California, are amending their Three-Strikes Law or abolishing them altogether. Amending the Three-Strikes laws may decrease prison overpopulation and harsh sentencing practices.
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