View Full Version : What are some states without the three strikes law?


Larryslove.530
09-28-2008, 01:47 PM
My husband has one strike and would like to move to a state where there is no three strikes law . Have any ideas??

Gryphon
09-29-2008, 07:38 PM
At least 24 States have a version of 3 strikes.
Here's a "compare and contrast" article prepaed by the US Dept. of Justice.
As you'll see, there can be differences between states taht'll make a crime a srike in some states but not others.
http://www.ncjrs.gov/txtfiles/165369.txt

My husband has one strike and would like to move to a state where there is no three strikes law . Have any ideas??

noboundries
10-01-2008, 09:55 PM
That just might be a good idea....esp. if someone has a 2nd strike. Rather safe than sorry

kima
10-02-2008, 09:24 AM
As of May 1999, these are the 24 states that have some sort of a Three Strikes sentencing law.
STATE YEAR ADOPTED
Arkansas1995
California1994
Colorado1994
Connecticut1994
Florida1995
Georgia1994
Indiana1994
Kansas1994
Louisiana1994
Maryland1994
Montana1995
Nevada1995
New Jersey1995
New Mexico1994
North Carolina1994
North Dakota1995
Pennsylvania1995
SouthCarolina1995
Tennesee1994
Utah1995
Vermont1995
Virginia1994
Washington1993
Wisconsin1994
http://threestrikes.org/3strikestates.html

According to wikipedia, 27 states now have a form of the "third strike" law...If you don't see a state listed here that you're considering I'd suggest googling it to make sure that they haven't added this law since 1999.

Here's an interesting report about enhanced sentencing and how it works:
http://www.ncjrs.gov/txtfiles/161839.txt

Gryphon
10-02-2008, 08:42 PM
You'd also want to look at anything related to sentence enhancements based on previous criminal convictions and anything related to habitual offender sentencing. Also, sex offenders have end up serving a life sentence as a civil commitment under variations of Sexually Vioent Predator laws.

Belize seems pretty nice for a nearly third world country.

djpurity
02-24-2009, 04:03 PM
Does anyone know which states allow the strikes from another state to count? For example, 2 strikes in California... would they influence any other state in future crimes??

kima
02-24-2009, 05:17 PM
I believe that any state that has a strikes law on the books will count strikes from any other state (not just their own). If you have a specific state in mind, you should research that particular state further just to be sure...

Gryphon
02-24-2009, 08:16 PM
Sort of.
The out of state strike would have to be a strike in the sentencing state. SOme crimes can have substantially differnt definitions (residential burglary, for instance. Some states have "breaking" language, or it could mean a nightime burg.) The name of the crime migh tbe the same, but teh elements of the crime could be different. In a DUI case, the presumed UI BAC might be different when states are compared.

I believe that any state that has a strikes law on the books will count strikes from any other state (not just their own). If you have a specific state in mind, you should research that particular state further just to be sure...

Joeys Baby
02-24-2009, 08:21 PM
va dosent have the 3 law any more

Kristi T
07-23-2009, 09:23 PM
My husband had 1st degree murder and 2nd degree burglary in New Mexico same incident over 23 years ago. He was 15 years old went to prison for 10 years.

He got picked up here in Calli for possession of stolen property and under the influence. The New Mexico case definetly counted and the Calli incident made it three strikes. It does not matter what age, what state I thought for sure being 23 years ago before any third strike law existed it wouldn't hold up. It did.

Gryphon
07-26-2009, 12:47 PM
Just in case there's a problem with this sentence:
Second degree is non-residential, and that is not a "strike" in CA. (1st degree residential burg, however is a strike.) If he had a 1st and a second degree burg prior, that would be a one strike sentencing, and would act to double the time the new crime carried, (to be served at not less than 80%). One strike enhancement would not result in 25 to life.

Being 23 years ago does give the CA judge a reason to not impose a strike (per Romero and PC section 1985). However, it is only one factor to consider. The entire rap sheet is a factor, along with many other things. The Judge looks to the past actions of the defendant, the pending crime, as well as what teh future seems to hold for the defendant.

My husband had 1st degree murder and 2nd degree burglary in New Mexico same incident over 23 years ago. He was 15 years old went to prison for 10 years.

He got picked up here in Calli for possession of stolen property and under the influence. The New Mexico case definetly counted and the Calli incident made it three strikes. It does not matter what age, what state I thought for sure being 23 years ago before any third strike law existed it wouldn't hold up. It did.