The Violent Crime and Law Enforcement Act of 1994

The expression "Three strikes and you are out" is derived from baseball, where
a batter against whom three strikes are recorded strikes out.
History
The practice of imposing longer prison sentences on repeat offenders (versus first-time
offenders who commit the same crime) is nothing new, 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 had
a long-standing Persistent Felony Offender law dating back to the early 20th
century (partially ruled unconstitutional in 2010, but reaffirmed en banc 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.
The first true "three-strikes" law was passed in 1993, when Washington voters
approved Initiative 593. California 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. A 1997 study found that in California, "the
three-strikes law did not decrease serious crime or petty theft rates below the level
expected on the basis of preexisting trends."
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 threestrikes
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 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 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
Page 26 of 190