The Violent Crime and Law Enforcement Act of 1994
The Violent Crime and Law Enforcement Act of 1994
The Violent Crime and Law Enforcement Act of 1994
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VI. Habitual Offender <strong>Law</strong>s<br />
Around <strong>The</strong> World<br />
A habitual <strong>of</strong>fender, repeat <strong>of</strong>fender, or career criminal is a person convicted <strong>of</strong> a<br />
new crime who was previously convicted <strong>of</strong> a crime(s).<br />
Various state <strong>and</strong> jurisdictions may have laws targeting habitual <strong>of</strong>fenders, <strong>and</strong><br />
specifically providing for enhanced or exemplary punishments or other sanctions. <strong>The</strong>y<br />
are designed to counter criminal recidivism by physical incapacitation via imprisonment.<br />
<strong>The</strong> nature, scope, <strong>and</strong> type <strong>of</strong> habitual <strong>of</strong>fender statutes vary, but generally they apply<br />
when a person has been convicted twice for various crimes. Some codes may<br />
differentiate between classes <strong>of</strong> crimes (for example, some codes only deal with violent<br />
crime) <strong>and</strong> the length <strong>of</strong> time between convictions. Usually, the sentence is greatly<br />
enhanced; in some circumstances, it may be substantially more than the maximum<br />
sentence for the crime.<br />
Habitual <strong>of</strong>fender laws may provide for m<strong>and</strong>atory sentencing - in which a<br />
minimum sentence must be imposed, or may allow judicial discretion in allowing<br />
the court to determine a proper sentence. One example <strong>of</strong> a habitual <strong>of</strong>fender statute is<br />
a provision requiring the revocation <strong>of</strong> a driver's license for a person convicted multiple<br />
times <strong>of</strong> driving under the influence.<br />
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