Three Strikes Law

The three strikes law is a statute enacted by state governments which requires the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. The stated rationale for this law is that the automatic imprisonment of individuals who commit three or more felonies is justified on the basis that recidivists are chronically criminal, cannot be rehabilitated, and must be imprisoned as a matter of public safety.

The exact application of the three strikes law varies considerably from state to state. Some states require all three felony convictions to be for violent crimes in order for the mandatory sentence to be pronounced, while others - most notably California - mandate the enhanced sentence for any third felony conviction so long as the first two felonies were deemed to be either "violent" or "serious," or both.

However, the three strikes law has been criticized as ineffective in preventing crime and as serving to perpetuate cycles of violence and crime. For example, restricting or removing judicial discretion in sentencing tends to limit the ability of judges to properly deliver justice in accordance with the circumstances of each case. Further, the highly politicized nature of law and order issues may lead politicians to support mandatory sentencing laws so as to appear "tough on crime," while failing to implement or support programs which may be more effective in preventing crime.

Another criticism is that many felonies involve only a minimal threat to society. In some states, possession of a small amount of crack cocaine or even marijuana may be treated as a felony, so three such convictions would carry permanent imprisonment. There are many other felonies which call into question the advisability of the three strikes law, such as some minor white-collar crimes which only slightly qualify as felonies. Often a burglary, a crime which could result in the theft of something having little to no value, is perceived as being unjustly included as one of the three "strikes."

The three strikes law requires a mandatory, and lengthy, prison sentence. For more information on how the three strikes law may apply to you, contact a qualified criminal defense attorney who is skilled in this area.