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is convicted in federal court of a "serious violent felony" and.§ 3559(c), the defendant receives mandatory life imprisonment if he or she: Under the federal "Three Strikes" provision, which is now codified at 18 U.S.C. The "Three Strikes" statute is sufficiently important to our violence enforcement efforts that I want to underscore its key provisions. This is particularly important in states where prison overcrowding results in early release even for violent criminals. For the state prosecutor, "Three Strikes" provides a vehicle to take the most dangerous offenders out of the community and keep them out.
#THREE STRIKES LAW TRIAL#
Trial of an eligible defendant under "Three Strikes will often provide a more effective punishment than a prosecution under,other federal statutes. In determining whether to bring prosecutions under this statute, you should be guided by the Principles of Federal Prosecution. You should have in place a referral mechanism, perhaps through your violent crime working group, to ensure that appropriate "Three Strikes" cases are presented to you for potential prosecution. To help us make the most effective use possible of this potential tool, please ensure that state and local prosecutors are aware of the federal "Three Strikes" provision and your willingness to coordinate prosecutive decisions in cases that are "Three Strikes"-eligible. This provision should play a key role in every district's anti-violent crime strategy. Under the Violent Crime Control and Law Enforcement Act of 1994, we have a powerful new federal tool, the so-called "Three Strikes, You're Out" provision, to help us deal with violent repeat offenders. § 924(e), to achieve the prolonged incarceration of armed, violent offenders. When a firearm is involved, we have long used the Armed Career Criminal Act, 18 U.S.C. MEMORANDUM FOR ALL UNITED STATES ATTORNEYSĪn important purpose of the Anti-Violent Crime Initiative is to work with our state and local counterparts to take violent criminals off the streets. The following text was taken from a March 13, 1995, memorandum to all United States Attorneys from Assistant Attorney General Jo Ann Harris (Criminal Division) on the subject of the "Three Strikes" law.
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