Tennessee’s three strikes law, also known as the habitual offender law, is a piece of legislation designed to imposes harsher penalties on those with multiple felony convictions. A repeat violent offender is someone with two prior violent felony convictions, and a third conviction triggers a mandatory life without parole sentence.
This post will cover three strikes law and what it means for repeat offenders in Tennessee.
Three Strikes Law in Tennessee
Tennessee’s three strikes law is codified in Tennessee Code Annotated § 40-35-120. It was passed in the early 90’s as part of the War on Drugs and Crime to punish repeat offenders with a mandatory life sentence for individuals convicted of a third serious felony.
Purpose and Objectives
The purpose of the law is deterrence. By punishing those with multiple felony convictions more harshly, the law hopes to reduce recidivism and public safety. It wants to keep habitual offenders off the streets and protect the community from harm.
Implications for Repeat Offenders
Habitual Offender Criteria
Under Tennessee’s three strikes law, you must have at least two prior felony convictions to be considered a habitual offender. This allows prosecutors to seek enhanced penalties for subsequent felony charges. The law targets those with a history of serious criminal behavior and punishes repeat offenders.
Individuals with two prior violent felony convictions are classified as repeat violent offenders under the law. This status significantly impacts sentencing, as a third conviction triggers a mandatory life without parole sentence.
Penalties
Habitual offenders convicted of serious or violent crimes get much harsher penalties than first-time offenders. These penalties include mandatory minimums, longer sentences, higher fines, and longer probation. The law takes away judicial discretion and forces judges to impose these enhanced penalties regardless of the individual circumstances of the case.
Sentencing Guidelines
The three strikes law has mandatory sentencing guidelines that judges must follow. This includes life without parole for those convicted of three or more qualifying felonies. These guidelines are to ensure consistency in sentencing and to deter recidivism.
Sentencing and Rehabilitation
The law’s tough provisions mean longer sentences and less parole and alternative sentencing options. While the focus is on punishment and deterrence, the law does have provisions for sentence reductions and rehabilitative programs for those who show significant rehabilitation and compliance with their sentence.
Felony Offenders
Sentencing
Tennessee’s three strikes law affects felony sentencing, particularly for violent offenders. Repeat violent offenders face mandatory life sentences without parole due to their prior convictions and the severity of their crimes. Habitual offenders face mandatory minimums and statutory enhancements. This means longer sentences and higher fines than first time offenders. The law takes away judicial discretion and means repeat offenders get uniformly harsher penalties.
Limited Options
For habitual offenders, the law limits sentencing options. Judges must impose the prescribed penalties which often means life without parole for serious crimes. This limits plea bargaining and alternative sentencing and makes it harder for offenders to get a better deal.
Rehabilitation and Reentry
Although the law is punitive, it does have provisions for rehabilitation. Offenders who show real rehabilitation and comply with their sentence may be eligible for sentence reductions and alternative sentencing programs. These are meant to help rehabilitated offenders reenter society but are limited compared to the law’s overall focus on punishment and deterrence.
Long Term Effects
The long term effects of being a habitual offender under this law are severe. Extended incarceration affects not only the individual but also their family and community. The harsh penalties can prevent offenders from reentering society post release, impacting employment, housing and overall quality of life. If you’re facing being designated a habitual offender you need to understand these consequences.
Legal Process and Considerations
Arrest and Arraignment
The legal process for felony offenders in Tennessee starts with arrest and arraignment. After arrest the individual is taken into custody and booked. At arraignment the accused is formally charged, advised of their rights and asked to enter a plea. Bail may be set and the defendant can be released until trial.
Discovery and Pretrial Motions
After arraignment, discovery begins. During this phase both sides exchange evidence and information about the case. Pretrial motions can be filed to address legal issues like the admissibility of evidence or a change of venue. This is critical to building the defense and attacking the prosecution’s case.
Trial and Sentencing
The trial phase is where the case is presented to a judge or jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If guilty the case goes to sentencing. For habitual offenders judges must impose mandatory minimums and statutory enhancements according to the three strikes law.
Plea Bargaining
Plea bargaining is a big part of the criminal process. It allows defendants to get reduced charges or sentences in exchange for a guilty plea and avoid the uncertainty of a trial. This can speed up the process and save resources but may be limited for habitual offenders due to mandatory sentencing.
Post Conviction Relief
Defendants can seek post conviction relief if they believe their conviction was unfair or resulted from legal errors. This can be appeals, habeas corpus petitions or requests for clemency. Post conviction relief is a way to address potential miscarriages of justice and ensure the process is fair.
Social and Ethical Implications
Communities
Tennessee’s three strikes law has a huge impact on communities, especially the already marginalized. It hits low income and minority populations hardest, resulting in higher incarceration rates within those groups.
Long term imprisonment of repeat offenders takes people out of their families and communities, disrupts social networks and economic stability. And having a family member in prison adds to the social isolation and hardship for those families.
Ethical Issues
There are ethical problems with Tennessee’s three strikes law. One big one is proportionality. Critics argue the law can result in overly harsh sentences for relatively minor third strikes. What about justice and fairness? A non-violent crime like shoplifting can get you a life sentence if it’s your third strike. That’s not proportionate to the crime.
Fairness and Justice
The fairness of the three strikes law is questioned, especially how it’s applied. Is it consistently and fairly enforced? Racial and socio-economic bias in sentencing decisions erode public trust in the system. And the law can exacerbate existing inequalities by targeting vulnerable populations who already face systemic disadvantages.
Punishment vs. Rehabilitation
Another ethical issue is the balance between punishment and rehabilitation. The three strikes law prioritizes punishment over rehabilitation and may miss opportunities for offenders to change and re-enter society.
Critics say a justice system that only punishes doesn’t address the underlying issues that lead to criminal behavior – poverty, lack of education, mental health issues. This approach leads to re-offend and re-incarcerate rather than rehabilitation and recovery. Criminal justice reform is crucial in addressing these issues related to the three strikes law.
Latest News
Tougher Law Passed
Tennessee has passed a tougher three strikes law which requires life sentences for two or more serious crimes like murder, rape and kidnapping. This is to deter repeat offenders and increase public safety by imposing harsher penalties.
Impact on the Criminal Justice System and Violent Crime
Tougher penalties means more life without parole, more crowded prisons and higher state costs. The law’s focus on punishment over rehabilitation continues to be debated on what works for crime reduction and public safety.
Meet with an Experienced Nashville Criminal Defense Lawyer Today!
Understanding the three strikes law is important for those who may be facing these charges. With the new updates to the law, it’s crucial to seek the expertise of an experienced Nashville criminal defense attorney to make sure you know to do for your case.
Don’t hesitate to contact us at 615-255-9595 for a free consultation today!
