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.
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.
The Concept of Felony
‘Felony’ is an offence punishable by the state prison, as it is opposed to the country jail sentence. It includes the range of crimes from petty theft, hijacking, assault and murder. Any new felony, no matter how minor they are in nature, is punished under the three strike law, if the guilty person has one or more serious or violent felonies.
What is the purpose of the Law?
It generally deals with serious and violent offences. The main purpose of the law is to expand the punishment of those who are convicted of more than two serious crimes. It aims in increasing the imprisonment of accused persons who are guilty of a felony, and is previously convicted of two or more serious felonies. It limits the capacity of these guilty parties to get a discipline other than a lifelong imprisonment.
It expects judges to sentence the offenders for three or more serious offences, to a significantly longer sentence all together, than he would ordinarily apply to each separately.
Three Strikes Law in India
India evidence crimes of violations of law at various stages. It can be further classified on the basis of crime location and crime over time. The murder rate in India has expanded by 7%. In India rape is the most widely recognised common crime. Here are the punishments of such accused is a time consuming factor. The laws Breakers are free to roam around and the victim suffers. For example the Nirbhaya rape case which entirely shook the nation, the judgment of the case was passed after seven years and two months in spite of knowing the thoroughness and the seriousness of the heinous crime. It is an urgent need of the Hour that the heinous crimes like this must be immediately controlled. The country like India, the three strike laws can be a weapon to deal and control the ever increasing rate of crimes and criminals. The lawmakers in India must give attention towards the implementation and provisions of the mechanism of the three strike law.
Once a rapist or any other criminal is punished severely, then the Other criminal before committing offences will think twice.
The three strike laws in India can be that promissory remedy which would change the view of Judiciary in the eyes of people .
Criticism of the Three Strikes Law
In spite of all these features, there are a number of criticisms on the mechanism of the three strikes law. It is said that it somehow obstructs or contradicts the court frame work. The respondents take the cases at a trial stage to avoid the sentence of life imprisonment. It clogs the jail with defendants who must be detained, while trying for this trials, as the probability of a lifelong incarnation gives them a flight chance
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