Three Strikes Law
The act of forcing longer imprisonment on guilty person, same as first time offender or wrongdoer who carries out a similar wrongdoing is still in practice. However in the recent history, there is a new practice of obligatory prison sentences for the accused who repeats it. The concept of Three strikes law was introduced by the father of an eighteen years old girl who was murdered by a man in 1992.
Today in my blog I am going to discuss about the three Strike laws.
History of Three Strikes Law:
The three strike laws also known as the “offender laws” were at first executed on March 7, 1994. It is a body ran under the United States Justice Departments Anti Violence strategy.
The primary stage of genuine “three strikes law” was passed in 1993, where it was approved by the Washington voters. California passed this law in the year 1994, where the majority of the voters supported it. There this activity was first known in the name of “three strikes and you’re out”. In California panel code 1192, it is mentioned that if the said crime happens, if one commits three violent or brutal lawful offences, they are referred for life imprisonment. They are known as “persistent offender” in some States.
The concept comes from baseball where there is a batter against whom if three strikes are recorded, he is stroked out.
What does the Law require?
It requires both and extreme violent felony and to previous convictions to carry out and obligatory life punishment in prison.
Most States requires at least of the three lawful serious offences for the compulsory sentence to be passed. The category of crimes referred as ‘violent’ includes murder, kidnapping, sexual abuse, rape, aggravated robbery and aggravated assault. The statute specifically mentions felonies like unarmed robbery or arsons, as they are not a threat to human life.
The defendant has a burden to prove that he has not committed any of the crimes which included weapons or could cause bodily injury. In this case such offences would not be counted as a strike.