Legal Definitions - three-strikes law

Three-Strikes Law

A three-strikes law is a type of sentencing statute designed to impose significantly harsher penalties on individuals who are repeatedly convicted of serious crimes, typically felonies. The name comes from baseball, where three "strikes" result in an "out." In legal terms, after an individual has been convicted of two prior serious felonies (the first two "strikes"), a third felony conviction (the third "strike") can trigger a mandatory, much longer prison sentence, often including life imprisonment, even if the third offense is not as severe as the previous two. These laws are intended to incapacitate repeat offenders by keeping them in prison for extended periods.

Here are some examples to illustrate how a three-strikes law might apply:

• Example 1: Repeated Violent Offenses

  Imagine a person, let's call him Mark, is convicted of armed robbery (his first felony "strike"). Years later, he is convicted of aggravated assault (his second felony "strike"). If Mark is subsequently convicted of felony carjacking (his third felony "strike"), a state with a three-strikes law might mandate a sentence of 25 years to life in prison, regardless of the typical sentencing guidelines for carjacking alone. This example demonstrates how the law targets individuals with a history of serious violent crimes, escalating the punishment with each subsequent felony.

• Example 2: Combination of Serious Felonies

  Consider Sarah, who was convicted of felony grand theft for stealing a valuable car (her first "strike"). A few years later, she was convicted of felony drug trafficking (her second "strike"). If Sarah is then convicted of felony identity theft (her third "strike"), a three-strikes law could impose a significantly enhanced sentence, such as a mandatory life sentence without the possibility of parole. This illustrates that the "strikes" don't necessarily have to be the same type of crime, but rather a series of distinct serious felonies that, when accumulated, trigger the severe sentencing provisions of the law.