Frequently Asked Questions
Q. Do any other states have three strikes laws.
A. Yes. A little over half of the states around the United States have enacted some version of a three strikes law.
Q. What kind of crimes would three strikes apply to?
A. We believe that Connecticut should adopt a three strikes law that focuses on violent crime. Our goal is to enable prosecutors to lock up repeat violent criminals for life without the possibility of parole, so we advocate limiting three strikes to violent crimes. Examples include rape, manslaughter, arson and violent assaults.
Q. Wouldn't three strikes create a prison over crowding problem in Connecticut?
A. No, we do not believe so. According to figures provided by the Connecticut Department of Correction, there are under 500 individuals walking our streets today who have two strikes against them (based on the definition of a strikable offense in legislation submitted during 2008). Not every one of these individuals will commit another crime. But even if every one of them did commit another violent crime covered by a three strikes law, the incarceration of an additional 500 individuals over a period of time would not materially increase Connecticut's prison population.
Q. Shouldn't judges have the discretion to decide what a convicted criminal's prison sentence should be?
A. We believe that there are circumstances under which the legislature has every right to impose mandatory minimum prison sentences for certain crimes. The effect of mandatory minimum sentences is to limit a judge's discretion by prohibiting him or her from sentencing a criminal to less than the minimum sentence dictated by the legislature. In fact, over the years, the Connecticut General Assembly has enacted over 40 different mandatory minimum sentences for various types of crimes. The legislature even enacted a mandatory life sentence without the possibility of parole for someone convicted of the crime of Arson Murder. Furthermore, when judges do have discretion, they often impose relatively light sentences. According to information provided by Connecticut's nonpartisan Office of Fiscal Analysis, the average prison sentence for inmates released over the last five years who had two prior dangerous felony convictions was 7.9 years. We believe that it is entirely appropriate as a matter of public policy and consistent with the Connecticut legislature's prior actions to impose the type of tough mandatory minimum prison sentence called for by a three strikes law.
Q. Has anyone from the law enforcement community voiced support for enacting a three strikes law in Connecticut?
A. Yes. In 2008, Connecticut's Public Safety Commissioner and former federal prosecutor, John Danaher, testified in favor of enacting a three strikes law in Connecticut.
Q. Aren't Connecticut's "Persistent Offender" laws an adequate substitute for three strikes?
A. No. Until May 2008, these laws did not impose a mandatory minimum sentence for "persistent dangerous felony offenders" (the kind of repeat violent criminals who are the focus of our three strikes initiative). Until that time, this law imposed a maximum sentence for these criminals but did not require that they be sentenced to any minimum sentence let alone a tough mandatory minimum prison sentence. In May 2008, improvements to this law were enacted whereby two- and three-time offenders must be sentenced to minimum sentences that are twice and three times, respectively, the minimum sentences required by the law for the crimes for which they are convicted. That sounds good, but in reality this law remains weak because the minimum sentences for most of these crimes are very low, i.e., one to five years. Connecticut still does not have a law that requires a tough mandatory minimum sentence for repeat violent criminals.
