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3 Strikes You're Out

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The three strikes you’re out rule is a sentencing enhancement that was created in 1994 under the Violent Crime Control and Law Enforcement Act and provides a mandatory life sentence to repeat offenders for their third conviction. The sentence is given to those that have met the enhancement criteria and was created to curb the growing violent crime rates in the country at that time.

Listed below are some of the violent crimes which the three strikes rule may apply to:

  • Kidnapping
  • Extortion
  • Hostage Taking
  • Murder-for-Hire
  • Carjacking
  • Aggravated Assault
  • Armed Robbery

There have been several instances of serious abuse of this rule by the prosecution with regards to the actual nature of the offense. For instance, there is highly noted account of a man in California whom was sentenced to life imprisonment for stealing a piece of food from a grocery store. Under the three strikes rule he had been convicted of prior offenses that supported the criteria for the sentence. However, the man was merely stealing something for the purpose of survival.

There is much debate over the use and misuse of the rule. If you have a case where you need to know about the three strike rule, it is be best to speak with a lawyer in your area whom is familiar with the sentencing guidelines in your state. Moreover, with a good criminal defense lawyer, you may not have to look at sentencing guidelines at all.

Update: JC

 

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  • Three Strike Law
    Three Strikes and You’re Out” law was adopted by the voters in 1994. It imposed longer prison sentences forcertain repeat offenders


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