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The Violent Crime and Law Enforcement Act of 1994

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II. <strong>The</strong> Three-Strikes <strong>Law</strong><br />

In <strong>The</strong> U.S.<br />

In the United States, habitual <strong>of</strong>fender laws (commonly referred to as three-strikes laws)<br />

were first implemented on March 7, <strong>1994</strong> <strong>and</strong> are part <strong>of</strong> the United States Justice<br />

Department's Anti-Violence Strategy. <strong>The</strong>se laws require both a severe<br />

violent felony <strong>and</strong> two other previous convictions to serve a m<strong>and</strong>atory life<br />

sentence in prison. <strong>The</strong> purpose <strong>of</strong> the laws is to drastically increase the punishment <strong>of</strong><br />

those convicted <strong>of</strong> more than two serious crimes.<br />

Twenty-eight states have some form <strong>of</strong> a "three-strikes" law. A person accused under<br />

such laws is referred to in a few states (notably Connecticut <strong>and</strong> Kansas) as a<br />

"persistent <strong>of</strong>fender", while Missouri uses the unique term "prior <strong>and</strong> persistent<br />

<strong>of</strong>fender". In most jurisdictions, only crimes at the felony level qualify as serious<br />

<strong>of</strong>fenses; however, misdemeanor <strong>and</strong>/or wobbler <strong>of</strong>fenses can qualify for application <strong>of</strong><br />

the three-strikes law in California, whose harsh application has been the subject <strong>of</strong><br />

controversy.<br />

<strong>The</strong> three-strikes law significantly increases the prison sentences <strong>of</strong> persons convicted<br />

<strong>of</strong> a felony who have been previously convicted <strong>of</strong> two or more violent crimes or serious<br />

felonies, <strong>and</strong> limits the ability <strong>of</strong> these <strong>of</strong>fenders to receive a punishment other than<br />

a life sentence.<br />

Page 25 <strong>of</strong> 190

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