Report on Mandatory Sentences - Law Reform Commission

D
Historical Evolution of Mandatory Sentences for Second or Subsequent Offences
2.175 The use of mandatory sentences for second or subsequent offences has a much longer pedigree
than the use of mandatory sentences for drugs and firearms offences. Indeed, there are examples of
habitual offender laws dating back to 16 th century England and colonial America. 417 That said, the
modern practice of using mandatory sentences to deal with repeat offenders seems to originate in the
United States.
(1) United States
2.176 It has been observed that habitual offender legislation flourished in the United States in the
1920s. 418 In 1926, for instance, New York state enacted Baume's Law 1926 which prescribed a
mandatory life sentence for a third felony conviction. Six other states passed habitual offender legislation
in the 1920s. By 1968 23 states had enacted legislation that permitted or mandated life sentences for
habitual offenders; 9 states prescribed mandatory minimum sentences ranging from five to 20 years for
habitual felons; and each of the remaining states enacted legislative provisions that permitted habitual
offenders to be sentenced to extended prison terms.
2.177 It would appear, however, that the modern “three-strikes” movement began in Washington
state. 419 Following the murder of Diane Ballasiotes by a convicted rapist who had been released from
prison, Washington state enacted the Persistent Offender Accountability Act 1994. This provides that any
person convicted for the third time of a specified offence must receive a mandatory life sentence without
the possibility of parole. 420
2.178 It was not long before California became the second state to adopt three-strikes legislation. 421
The campaign was led by Mike Reynolds, whose daughter, Kimber Reynolds, had been murdered in
1992 by an offender with previous convictions. 422 The reform campaign might not have succeeded had it
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Hurley “Limerick TD calls for mandatory sentences in dangerous driving cases” Limerick Leader 1 March
2013.
“FG seeks mandatory 25-year sentence for gangland murders” Irish Examiner 2 February 2010.
O’Keefe “Call for mandatory sentences in child pornography cases” Irish Examiner 2 June 2010.
O’Halloran “Sexton calls for mandatory rape sentences” Irish Times 24 March 2007; and O’Caollai “Call for
introduction of minimum sentence for rape” Irish Times 31 January 2013.
Gallagher and Galvin “Someone could get shot” Mayo News 11 December 2012.
Turner et al “‘Three Strikes and You’re Out’ Legislation: A National Assessment” (1995) 59 Fed Probation 16
at 17; and Zimring et al Punishment and Democracy - Three Strikes and You’re Out in California (Oxford
University Press, 2001) at 4.
Turner et al “‘Three Strikes and You’re Out’ Legislation: A National Assessment” (1995) 59 Fed Probation 16
at 17. See also: Katkin “Habitual Offender Laws” (1971-1972) 21 Buff L Rev 99 at 104.
Austin et al “Three Strikes and You’re Out: The Implementation and Impart of Strike Laws” (US Department of
Justice, 2000) at 1; and Zimring et al Punishment and Democracy - Three Strikes and You’re Out in California
(Oxford University Press, 2001) at 4.
Austin et al “Three Strikes and You’re Out: The Implementation and Impact of Strike Laws” (US Department of
Justice, 2000) at 15; and Zimring et al Punishment and Democracy - Three Strikes and You’re Out in
California (Oxford University Press, 2001) at 4.
Andrus “Which Crime Is It - The Role of Proportionality in Recidivist Sentencing after Ewing v California”
(2004) 19(1) BYU Journal of Public Law 279 at 284.
Vitiello “Three Strikes: Can We Return to Rationality” (1996-1997) 87 J Crim L & Criminology 395 at 410.
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