In the
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, 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'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, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
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 under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are c ...
in
prison
A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
, with or without
parole
Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...
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 an individual or group, meted out by an authority—in contexts ranging from child discipline to criminal law—as a deterrent to a particular action or beh ...
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, definiti ...
s.
Twenty-eight
state
State most commonly refers to:
* State (polity), a centralized political organization that regulates law and society within a territory
**Sovereign state, a sovereign polity in international law, commonly referred to as a country
**Nation state, a ...
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 a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...
and
Kansas
Kansas ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the west. Kansas is named a ...
) as a "persistent offender", while
Missouri
Missouri (''see #Etymology and pronunciation, pronunciation'') 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 border ...
uses the unique term "prior and persistent offender". In most jurisdictions, only crimes at the felony level qualify as serious offenses, with some jurisdictions further restricting qualifying offenses to only include violent felonies.
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 games, bat-and-ball sport played between two team sport, teams of nine players each, taking turns batting (baseball), batting and Fielding (baseball), fielding. The game occurs over the course of several Pitch ...
, 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.
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 for repeat offenders. For example,
New York State
New York, also called New York State, is a state in the northeastern United States. Bordered by New England to the east, Canada to the north, and Pennsylvania and New Jersey to the south, its territory extends into both the Atlantic Ocean and ...
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'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges.
For courts like the United States Courts of Appeal ...
'' 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 b ...
the state of
Michigan
Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
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 voters approved
Initiative 593.
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
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'' 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.
Three-strikes laws have been cited as an example of the
McDonaldization 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, fast-food cuisine and has minimal Foodservice#Table service, table service. The food served ...
achieves uniformity of its product.
Enactment by states
The following
states have enacted three-strikes laws:
*
New York has employed a habitual felon statute since 1797.
*
North Carolina
North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
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 U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
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 (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
without parole.
*
Alabama
Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...
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 if at least one of these was for an offense classified as a Class A Felony (10–99 years or life).
*
Delaware
Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...
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 ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
has had a three-strikes with mandatory life sentence since at least 1952.
**In ''
Rummel v. Estelle'' (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
*In 1994:
California
California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
,
Colorado
Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
, Connecticut, Indiana, Kansas, Maryland, New Mexico,
North Carolina
North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
,
Virginia
Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
, Louisiana, Wisconsin, and Tennessee. Tennessee is one of the few states, together with Georgia, Florida, Montana 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 to the Un ...
.''
*In 1995: Arkansas,
Florida
Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
, 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 1995, Montana also enacted a two strikes law during this period and has since mandated life imprisonment without parole for any person convicted a second time of deliberate homicide, aggravated kidnapping, sexual intercourse without consent, sexual abuse of a child or ritual abuse of a minor. A three strikes law in the state also exists for lesser crimes, such as aggravated assault, mitigated kidnapping and robbery. This means that a third conviction of any such crimes also mandates life without parole.
*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.
*Florida passed HB 1371, the Prisoner Release Reoffender Act, in May 1997, which in of itself is a "two-strikes" law. The Florida "two strikes law" dictates that individuals convicted of certain categories of crime who reoffend within three years is subject to life in prison without parole, even if this is only a second offense, gaining the distinction of, "one of the strictest sentencing laws in the U.S.".
*In 2006: Arizona
*In 2012:
Massachusetts
Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...
*In 2012:
Michigan
Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
In 2012, Michigan's legislature passed Senate Bill 1109, enacting Public Act 319 amending Section 769.12 of the Code of Criminal Procedure. More commonly referred to as the three strikes law, the change updated sentencing guidelines to crack down on habitual offenders, specifically habitual felony offenders. This took effect on October 1, 2012. While it is commonly referred to as the three strikes law, that name is misleading. The law actually applies to an individual convicted of a fourth felony. The new law exposes the individual who is convicted of a fourth felony offense to a mandatory minimum prison sentence of at least 25 years. The law also allows for extending the maximum sentence.
Georgia, South Carolina, Montana 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 U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
, 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 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, simple robbery,
arson, and providing
hard drugs to a minor, and
drug possession. 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 for $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, 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 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 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 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, and "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 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 percent. 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 regardless of type, 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 bill was sponsored by Police and Corrections Minister
Judith Collins from the ruling
National Party. It was passed into law by the National and
ACT parties but was opposed by the opposition
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 nm. In subtractive color systems, used in painting and color printing, it is created by a com ...
parties, and National's support partner, the
Māori Party. While the Sentencing and Parole Act was supported by conservative groups such as the
Sensible Sentencing Trust, critics attacked the law for promoting
penal populism 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 and the opposition National and ACT parties. NZ First had indicated its opposition to overturning the three-strikes bill, prompting the
Justice Minister,
Andrew Little, to abandon the attempt.
On 11 November 2021, the
Minister of Justice Kris Faafoi 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 moved to reinstate three-strikes legislation in April 2024 after being re-elected in
2023
Catastrophic natural disasters in 2023 included the Lists of 21st-century earthquakes, 5th-deadliest earthquake of the 21st century 2023 Turkey–Syria earthquakes, striking Turkey and Syria, leaving up to 62,000 people dead; Cyclone Freddy ...
.
On 13 December 2024, the New Zealand Parliament passed
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
reinstating a three-strikes sentencing regime in New Zealand. The law was supported by the National, ACT and New Zealand First parties but was opposed by the opposition Labour, Green parties and
Te Pāti Māori.
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. Dependants 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. There is also 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. Sometimes a non-violent felony also counts as a third strike, which thus would result in a disproportionate penalty. Three-strikes laws have thus 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. The crimes are believed to be committed by middle- or upper-class indivi ...
.
[
]
See also
* 10-20-Life
* Armed Career Criminal Act
* Baumes law, 1926 four strike law
* Deterrence
* First Step Act
* Habitual offender laws, a comparison of similar laws in several countries
* Habitual Criminals Act
* HADOPI law
The French HADOPI law (, English: "Supreme Authority for the Distribution of Works and Protection of Copyright on the Internet") or Creation and Internet law () was introduced during 2009, providing what is known as a graduated response as a mean ...
* Incapacitation (penology)
* Indefinite prison sentence
* Mandatory sentencing
Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into co ...
* One strike, you're out
* Prison-industrial complex
* Recidivism
Recidivism (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo ...
* Stanford Law School Criminal Defense Clinic
* United States Federal Sentencing Guidelines
* Stand-your-ground law
References
{{DEFAULTSORT:Three-Strikes Law
U.S. state criminal law
Sentencing (law)
California law