The Violent Crime and Law Enforcement Act of 1994

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imprisonment (for a person aged 16–17) for possession, purchase, acquisition, manufacture, transfer or sale of a prohibited firearm or weapon for the first or subsequent time; and a minimum of 3 years' imprisonment for a person over 18 convicted of a domestic burglary for the third or subsequent time. Three Strikes Law In 1994, California introduced a "Three Strikes Law", which was the first mandatory sentencing law to gain widespread publicity. This state is known for fully enforcing laws and is considered most severe in comparison to other states. The Three strikes law was intended to reduce crime by implementing extended sentencing to deter repeated offenders. This consideration further restricts one’s ability to commit new crimes. Similar laws were subsequently adopted in most American jurisdictions. However, California's "Three Strikes Law" is clearly outlined for all, especially those who are subjected to such sentencing. Strike 1 Strike 2 Strike 3 Directly affects individuals who exhibit a history regarded as violent or serious pertaining to their initial felony conviction. Should this history exist, it could greatly impact sentencing guidelines surrounding an individuals present felony conviction. An individual who has committed a crime resulting in their 2nd felony conviction, would be affected by the second strike as well. This would impact the length of the individuals sentencing by doubling the sentence one would initially be subject to, if it were their first felony conviction. Is intended individuals who appear to be repeated offenders. Therefore, this strike is for individuals who have two or more felony convictions, their sentencing would result in a minimum of 25 years to life. A similar "three strikes" policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory life sentence on a conviction for a second "serious" violent or sexual offence (i.e. "two strikes" law), a minimum sentence of seven years for those convicted for a third time of a drug trafficking offence involving a class A drug, and a mandatory minimum sentence of three years for those convicted for the third time of burglary. An amendment by the Labor opposition established that mandatory sentences should not be imposed if the judge considered it unjust. According to figures released by the British government in 2005, just three drug dealers and eight burglars received mandatory sentences in the next seven years, because judges thought a longer sentence was unjust in all other drug and burglary cases where the defendant was found guilty. However, in 2003 a new "two strikes" law was enacted (effective from April 4, 2005), requiring courts to presume that a criminal who commits his second violent or dangerous offence deserves a life sentence unless the judge is Page 66 of 190
satisfied that the defendant is not a danger to the public. This resulted in far more life sentences than the 1997 legislation. In response to prison overcrowding, the law was changed in 2008 to reduce the number of such sentences being passed, by restoring judicial discretion and abolishing the presumption that a repeat offender is dangerous. Australia's Northern Territory in March 1997 introduced mandatory sentences of one month to one year for the third offence regarding property and theft. They were later adopted by Western Australia. Race Concerning US federal prisons, Barbara S. Meierhoefer, in her report for the Federal Judicial Center stated: "The proportion of black offenders grew from under 10% in 1984 to 28% of the mandatory minimum drug offenders by 1990; whites now constitute less than a majority of this group. This is a much more dramatic shift than found in the federal offender population in general." Harsh penalties lead to racial disparity. According to the Statistical Overview of Mandatory Minimum Penalties presented in October 2011, "[o]f all offenders convicted of an offense carrying a mandatory minimum punishment and who remained subject to that penalty at sentencing, 38.5 percent were Black (n=4,076), 31.8 percent were Hispanic (n=3,364), and 27.5 percent (n=2,913) were White." Although exceptions such as the safety valve are authorized, demographics associated with race relevant to mandatory sentencing continue to show. "Hispanic offenders received relief from applicable mandatory minimum penalties at the highest rates, with rates of 65.9 percent in fiscal year 2000, 57.7 percent in fiscal year 2005, and 55.7 percent in fiscal year 2010. Other Race offenders had the next highest rates (52.8% in fiscal year 2000, 53.1% in fiscal year 2005 and 58.9% in fiscal year 2010). Black offenders consistently had the lowest rates (45.7% in fiscal year 2000, 32.8 percent in fiscal year 2005, and 34.9% in fiscal year 2010). White offenders received relief at 60.3 Page 67 of 190
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4. Throughout the process, we encou
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Page 16 and 17: 1 Timothy 3:2-3 2 Now the overseer
Page 18 and 19: This work is not meant to be a piec
Page 20 and 21: programmes "designed with significa
Page 22 and 23: Mr Clinton said at one point the 19
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Page 26 and 27: The expression "Three strikes and y
Page 28 and 29: was, depending on the source cited,
Page 30 and 31: sentencing was considered so signif
Page 32 and 33: to overturning the three-strikes bi
Page 34 and 35: The second relates to the severity
Page 36 and 37: Religious Basis The history of puni
Page 38 and 39: potential pain associated with comm
Page 40 and 41: criminal justice system in itself p
Page 44 and 45: een applied to the states. On Febru
Page 46 and 47: ailable and non-bailable offenses w
Page 48 and 49: Austin v. United States In Austin v
Page 50 and 51: The "essential predicate" is "that
Page 52 and 53: The Court held that in the circumst
Page 54 and 55: Punishments Specifically Allowed In
Page 56 and 57: Professor Stinneford asserts that t
Page 58 and 59: without first punishing them suffic
Page 60 and 61: acknowledgment. Which further led t
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Page 64 and 65: In pre-1833 France, before jury wer
Page 68 and 69: percent in fiscal year 2000, 42.5 p
Page 70 and 71: Morton Berger - 200 years without p
Page 72 and 73: The practice of imposing longer pri
Page 74 and 75: The Australian Capital Territory, Q
Page 76 and 77: committee viewed that the act was a
Page 78 and 79: In the US on March 5, 2003, the U.S
Page 80 and 81: the Guidelines are now considered a
Page 82 and 83: United States v. Booker Though the
Page 84 and 85: In 2010, the U.S. Sentencing Commis
Page 86 and 87: Physical Injury (§5K2.2) If signif
Page 88 and 89: the circumstances are unusual the g
Page 90 and 91: Coercion and Duress (§5K2.12) If t
Page 92 and 93: established. In such cases, it is e
Page 94 and 95: any other reason; and (2) that did
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Page 100 and 101: Notes _____________________________
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About The Author John C (Jack) John
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The Violent Crime and Law Enforcement Act of 1994

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