Three-strikes law

Three strikes law (paraphrased: "Three - violations - law" ) refers to in the U.S. parlance a law after the third conviction for a crime, a particularly severe sentence is pronounced. The term comes from baseball, where a batsman retires after the third failure (strike) and no longer allowed to participate in game action until the next round.

Criminal

In criminal law, the United States is meant by the three-strikes law that defined by two convictions for a crime ( Felony ) offenses will be imposed a life sentence on the third occasion. An early release for good behavior in prison is usually possible only after 25 years. Such laws now exist in 25 U.S. states and in federal criminal law; the law is known mainly for its application in California. Such three-strikes schemes are not new; since the late 19th century was in the state of New York the opportunity to include offenders because of " unteachable " for a long time in a prison (Persistent Felony Offender Law ). Even European criminal laws provide to impose higher penalties than first-time offenses of repeated delinquency, but here the discretion of the judge plays a far greater role than in the U.S., where in a sense there is an automatism.

For the application of the law it does not matter how long ago are the two previous offenses. The Supreme Court has ruled that 25 or more years in prison on three offenses therefore was not grossly excessive and no cruel or unusual punishment under the Eighth Amendment. Many U.S. states distinguish between the severity of the offenses. Mostly the first two offenses must be crimes of violence, but the most well-known for its sharpness and the variety of convictions California three-strikes law provides no such distinction before. Here are also the law as 'severe' classified offenses without violence against people, particularly burglary and car theft, to the offense for which engages the control.

In 2004, a proposal was made ( " Proposition 66"), to limit the application of this law on violent crimes, narrowly defeated by California voters in a referendum.

Copyright

The phrase " three strikes " is also used in relation to copyright infringement on the Internet, especially in relation to those which take place at file sharing. The basic idea here is the same: After two offenses that are easily punished (typically with cautions ), followed by the third time, a drastic penalty; in this case, the cut off Internet access for a certain time. Families and residential community members would be affected. In addition, the Internet telephone would not be possible.

The term was first used in this context for the discussions on the French Hadopi law. The supreme court in France has classified the first three strikes locks as unconstitutional. Adopted in May 2009 law (Article 5 et 11 de la loi " Création et Internet " ) is contrary to the Declaration of Human and Civil Rights of 1789, the court held in Paris. The court said that the freedom of communication contained therein embrace the freedom of access to the Internet. Later, the Supreme Court of France has the second edition of the law in 2009 but then admitted.

Meanwhile, the term was taken up in coverage and is also used in reference to other laws of similar content. Implemented the " three strikes " principle is now in New Zealand ( Copyright ( Infringing File Sharing ) Amendment Act 2011), South Korea (Korean Copyright Act 2009 ), France ( Hadopi law ), Taiwan and the United Kingdom (Digital Economy Act 2010). However, the term officially used in Germany is not three strikes, but " graduated response ".