Some state legislatures—and the United States Congress—have enacted so-called three-strikes laws (or three strikes, you’re out laws) to help law enforcement deal with violent repeat offenders—sometimes called persistent offenders, or prior and persistent offenders. The federal three-strikes law is a statute—also known as the Violent Crime Control Act—located in the United States Code at 18 U.S.C. §3559(c).
Under the federal three-strikes law, a person who is convicted in federal court of a serious violent felony and who has previously been convicted (in state or federal court) of (1) two or more serious violent felonies, or (2) one or more serious violent felonies and one or more serious drug offenses—will receive a mandatory sentence of life imprisonment.
Under the federal three-strikes law, serious violent felonies generally include federal or state offenses of (1) murder; (2) manslaughter (other than involuntary manslaughter); (3) assault with intent to commit murder; (4) assault with intent to commit rape; (5) sexual abuse and aggravated sexual abuse; (6) abusive sexual contact; (7) kidnapping; (8) aircraft piracy; (9) robbery; (10) carjacking; (11) extortion; (12) arson; (13) illegal firearms use; (14) illegal firearms possession; (15) attempt, conspiracy, or solicitation to commit any of these criminal offenses; and (16) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against another person, or that involves a substantial risk that physical force against another person may be used in the course of committing the offense.
Three-strikes laws enacted by state legislatures vary from state to state—including what constitutes a strike offense—and are generally located in a state’s statutes—often in the penal or criminal code.
In Michigan, the three-strikes law is not as stringent as in some other states or the federal system. Michigan does not have a specific 'three-strikes' statute that mandates life imprisonment for a third felony conviction. However, Michigan law does have a 'habitual offender' statute which enhances the penalties for individuals who have previous convictions. Under Michigan Compiled Laws §769.12, if a person is convicted of a third felony, the court may impose a maximum sentence that is up to twice the term otherwise prescribed for the offense. For a fourth or subsequent felony conviction, the maximum sentence can be life imprisonment if the underlying offense allows for such a penalty. It's important to note that the enhanced penalties under Michigan's habitual offender statute are discretionary, not mandatory, and the actual sentence will depend on the nature of the offenses and the discretion of the sentencing judge. The federal three-strikes law, as described in 18 U.S.C. §3559(c), mandates life imprisonment for certain repeat offenders convicted of serious violent felonies or serious drug offenses, and it applies to convictions in federal court, regardless of the state in which the crime occurred.