ANSWERS: 2
  • No, the three strikes law is for Repeat offenders. These offenders are considered unresponsive to incarceration as a means of behavior modification, and undeterred by the prospect of serving time in prison. Key Features of Three Strikes. The Three Strikes law imposed longer prison sentences for certain repeat offenders, as well as instituted other changes. Most significantly, it required that a person who is convicted of a felony and who has been previously convicted of one or more violent or serious felonies receive a sentence enhancement. The major changes made by the Three Strikes law are as follows: Second Strike Offense. If a person has one previous serious or violent felony conviction, the sentence for any new felony conviction (not just a serious or violent felony) is twice the term otherwise required under law for the new conviction. Offenders sentenced by the courts under this provision are often referred to as “second strikers.” Third Strike Offense. If a person has two or more previous serious or violent felony convictions, the sentence for any new felony conviction (not just a serious or violent felony) is life imprisonment with the minimum term being 25 years. Offenders convicted under this provision are frequently referred to as “third strikers.” Consecutive Sentencing. The statute requires consecutive, rather than concurrent, sentencing for multiple offenses committed by strikers. For example, an offender convicted of two third strike offenses would receive a minimum term of 50 years (two 25-year terms added together) to life. Unlimited Aggregate Term. There is no limit to the number of felonies that can be included in the consecutive sentence. Time Since Prior Conviction Not Considered. The length of time between the prior and new felony conviction does not affect the imposition of the new sentence, so serious and violent felony offenses committed many years before a new offense can be counted as prior strikes. Probation, Suspension, or Diversion Prohibited. Probation may not be granted for the new felony, nor may imposition of the sentence be suspended for any prior offense. The defendant must be committed to state prison and is not eligible for diversion. Prosecutorial Discretion. Prosecutors can move to dismiss, or “strike,” prior felonies from consideration during sentencing in the “furtherance of justice.” Limited “Good Time” Credits. Strikers cannot reduce the time they spend in prison by more than one-fifth (rather than the standard of one-half) by earning credits from work or education activities. **********Sentence Enhancement. This is additional time added to a criminal defendant’s sentence for specified reasons relating to the nature of the crime or the offender’s criminal history. Examples include the addition of one year for possession of a firearm during the commission of a felony and an additional three years for an offender who commits a violent felony and who has served a prior prison term for a violent felony. The Three Strikes law is an example of a sentence enhancement because strikers receive additional time in prison for their current offense because of their prior convictions for serious or violent crimes.
  • no convictions recieved from one incident are considered one crime for that porpose

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