[8] For example, New York State had a long-standing Persistent Felony Offender law dating back to the early 20th century[9] (partially ruled unconstitutional in 2010,[10][11] but reaffirmed en banc shortly after[12][13]).
[14] In late 1928 Etta Mae Miller, a mother of four was found guilty under this law, sparking outrage.
The initiative proposed to the voters had the title of Three Strikes and You're Out, referring to de facto life imprisonment after being convicted of three violent or serious felonies which are listed under California Penal Code section 1192.7.
By 2004, twenty-six states and the federal government had laws that satisfy the general criteria for designation as "three-strikes" statutes—namely, that a third felony conviction brings a sentence of 20 to life where 20 years must be served before becoming parole eligible.
Three-strikes laws have been cited as an example of the McDonaldization of punishment, in which the focus of criminological and penological interest has shifted away from retribution and treatment tailored to the individual offender and toward the control of high-risk groups based on aggregations and statistical averages.
In the state of Maryland, any person who receives their fourth strike for any crime of violence will automatically be sentenced to life imprisonment without parole.
[34] In 1995, Sioux City, Iowa native Tommy Lee Farmer, a professional criminal who had served 43 years in prison for murder and armed robbery was the first person in the United States to be convicted under the federal three-strikes law when he was sentenced to life in prison for an attempted robbery at an eastern Iowa convenience store.
[35] The sentencing was considered so significant that President Bill Clinton interrupted a vacation to make a press statement about it.
Analyzing the effect of the Three-Strikes legislation as a means of deterrence and incapacitation, a 2004 study found that the Three-Strikes Law did not have a very significant effect on deterrence of crime,[37] but also that this ineffectiveness may be due to the diminishing marginal returns associated with having pre-existing repeat offender laws in place.
[41] Another study found that three-strikes laws discourage criminals from committing misdemeanors for fear of a life prison sentence.
NZ First had indicated its opposition to overturning the three-strikes bill, prompting Justice Minister Andrew Little to abandon the attempt.
[48][49][50] On 11 November 2021, the Minister of Justice Kris Faafoi announced that the Government was introducing legislation to repeal the Sentencing and Parole Reform Act.
[54] Some criticisms of three-strikes laws are that they clog the court system with defendants taking cases to trial in an attempt to avoid life sentences, and clog jails with defendants who must be detained while waiting for these trials because the likelihood of a life sentence makes them a flight risk.
Life imprisonment is also an expensive correctional option, and potentially inefficient given that many prisoners serving these sentences are elderly and therefore both costly to provide health care services to and statistically at low risk of recidivism.