Criminal Law Legal Guide

Three Strikes Law: The Facts

In the past 10-15 years the Three Strikes Law has been one of great controversies across the United States. Formerly known as the habitual offender law, the Three Strikes Law was adopted as such by the voters in California in 1994. Basically this new law was meant to bring about longer mandatory prison sentences for criminals who were repeat offenders. While in general the Three Strikes Law dealt with more serious crimes, in particularly felonies, some states like California have a Three Strikes Law that includes more crimes across the board.

Generally the Three Strikes Law will require people who have been convicted of serious felonies and again are sentenced with a felony to serve more jail time. Usually a second strike offender will have to serve twice the term that would be usually be required for the offense committed. For a third strike offender the sentence will usually be life in prison with the very minimum sentence being 25 years. As of 2004 there were approximately 35,000 inmates that were second strike offenders, and around 7,000 inmates that were third strike offenders.

The Three Strikes Law has caused much controversy and concern among many people. The Three Strikes Law has been especially controversial in California where numerous problems with the law have cropped up in the past few years. One problem that people have with the law is that at times it can result in people getting life sentences for crimes that are not deserving of that punishment. Many people have felt that this violates constitution rights stating that there should be no "cruel and unusual punishment." Many feel that there should be a reform of the Three Strikes Law that would not allow punishment that did not fit the crime. The Three Strikes Law also takes much of the power away from the judges to decide on sentences that they feel are appropriate for the crime and the criminal.

Three Strikes Law and Criminal Defense:
If you have been previously convicted of a crime and are facing charges again you should seek proper legal counsel. In some cases you may be facing a sentence that you do not deserve under the Three Strikes Law. Even if you have been convicted of crimes in the past that were not serious the Three Strikes Law may affect you. Finding a good lawyer who knows the laws and is familiar with cases like yours is important. The proper lawyer can fight for your rights as a citizen and help to keep you from being sentenced jail time you do not deserve.