Three-strikes law
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In the United States, habitual offender laws—commonly referred to as three-strikes laws[1][2]—require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction.[3][4] The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.[5] They are part of the United States Justice Department's Anti-Violence Strategy.[6][7]
Twenty-eight states have some form of a "three-strikes" law. A person accused under such laws is referred to in a few states (notably Connecticut and Kansas) as a "persistent offender", while Missouri uses the unique term "prior and persistent offender". In most jurisdictions, only crimes at the felony level qualify as serious offenses, with some jurisdictions further restricting qualifying offenses to only include violent felonies.
The three-strikes law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence.
The expression "Three strikes and you are out" is derived from baseball, where a batter has three chances to either hit a pitched ball or earn an error called a "strike." After three "strikes" the batter strikes out and their chance to score is over.
- ^ White, Ahmed A. (Spring 2006). "The Juridical Structure of Habitual Offender Laws and the Jurisprudence of Authoritarian Social Control". University of Toledo Law Review. 37 (2): 705–745. Retrieved 4 August 2025.
- ^ Melone, Albert P.; Karnes, Allan (2008). The American Legal System: Perspectives, Politics, Processes, and Policies (2nd ed.). Lanham, Maryland: Rowman & Littlefield. p. 269. ISBN 9780742547537.
- ^ "1032. Sentencing Enhancement – "Three Strikes" Law | USAM | Department of Justice". www.justice.gov. 2015-02-20. Retrieved 2017-03-23.
- ^ Meese, Edwin (1994-01-01). "Three-Strikes Laws Punish and Protect". Federal Sentencing Reporter. 7 (2): 58–60. doi:10.2307/20639746. JSTOR 20639746.
- ^ "Three Strikes Law – A General Summary". www.sandiegocounty.gov. Retrieved 2017-03-23.
- ^ "Anti-Violence Strategy | USAO | Department of Justice". www.justice.gov. Archived from the original on 2017-03-24. Retrieved 2017-03-23.
- ^ "1032. Sentencing Enhancement – "Three Strikes" Law – USAM – Department of Justice". www.justice.gov. 2015-02-20. Retrieved 21 March 2018.