Various laws are in place to protect the public from those that commit egregious violations of the law through felonies. Of these, there is a law of three strikes that provides the second and third chance to a person that commits felony crimes.
When a person has violated the law to this point, he or she is usually sentenced to prison terms at an elevated amount in years even when the sentence issued should be much less. This is due to the history causing a direct impact on these penalties. These punishments are often a deterrent to offenders from committing any repeated felony activity.
The increased time behind bars could last for life. This may assist in keeping criminals off the streets. However, law enforcement must catch these individuals. A conviction is still necessary to use the three strikes rule. State legislation is often the drive for this regulation that imposes a life penalty in most situations for repeated felony acts of at least three consecutive charges in an offender’s criminal history. Though felony class violations are the most frequent application of this rule, each state determines what is considered for these issues. There may be additional penalties applied to those with more than three convictions, but this is not necessarily guaranteed.
Three Strikes Explained
The regulation that provides the details for the three strikes rule is often misunderstood even when it’s popularly spread among the public. Many states have adopted the use of this penalty after the initial implementation, but any state may vary how specifics of this regulation are handled. There are varying degrees of alteration. Some of the states that have used this guideline for continued crime have held true to the spirit that is three strikes. Others decided not to employ it during specific circumstances presented. Though it may be applied for smaller crimes, it is often used for the harsher and more severe crimes. However, some states may use a combination of lesser and greater violations of the law. State government passes this regulation into law forcing any court under the state’s jurisdiction to ensure any sum of three crimes or three felonies or a combination has a life sentence.
While the way this regulation is implemented may change based on the state, the three strikes rule is usually only applied when felony charges end in conviction and total at least three in a person’s criminal history. The name is derived from a baseball concept of three strikes and the player is out. While habitual and routine violation laws were around previously, this applied regulation creates a standard that law enforcement may hold to. Police often feel that when additional crimes have been committed by the same person, he or she should be penalized with harsher punishments. In 1993, this concept was passed by a majority vote in one state to ensure those convicted of at least three felony charges were to face life in prison as the sentence. Since then, others have adopted the idea and made it match what the state feels necessary.
Harsh Penalties
Some states already had harsh and severe penalties in place for various crimes. When adding the three-strikes regulation, many in the state community believe the punishments are too high. Controversy plagues the citizens over whether some of the sentences should be reduced and if the penalties are even affecting the crime rate at all. Due to this or other reasons, some states have limited how this regulation affects convictions to only specific crimes or areas of offenses such as drug possession or distribution. For some crimes, the Supreme Court was utilized to determine if the sentences issued were too severe for the felonies committed, but they deliberated and reached a conclusion that it is necessary in order to undermine the criminal world and assist in preventing the continued committing of felony crimes in these specific states. Preventing further violations and criminal activity is of the greatest importance to many of these states.
Legal Assistance with Three Strikes
Because not all states have these same regulations, it is vital to know what laws affect the state in which a person lives and is accused of any particular crime. Because some use both misdemeanors and felonies as a means of utilizing the three-strikes regulation, it is essential to consult a lawyer in the state that has knowledge and experience in these matters. Understanding what is considered one strike may assist in preventing further issues with these stipulations. Criminal defense lawyers should be hired for assistance.
EmoticonEmoticon