New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
Tanaka Criminal Law Casebook
Section 2 . 2
15 minutes + 4 links

Habitual Offender Laws

Elizabeth Tanaka

There are many models and names for habitual offender laws, such as persistent offender, prior and persistent offender, and three strikes laws (as in a baseball inning, three strikes and you're out!). 

 

As you read the materials in this section, consider what theories of punishment (deterrence, incapacitation, rehabilitation, restoration, and retribution) they serve.  Are you satisfied with the results?  If you were a legislator, would you approve of them for any/all of the following types of crime?

  • Non-violent theft crimes
  • Commercial burglaries
  • Residential burglaries
  • Home invasions
  • Robberies (taking property by force)
  • Physical assaults
  • Murder
  • Sex offenses
  • Drug crimes
  • Stalking
  • Domestic violence

Follow this link for a look at the following persistent offender statutes in Connecticut:

  • Sec. 53a-40. Persistent offenders: Definitions; defense; authorized sentences; procedure.
  • Sec. 53a-40a. Persistent offenders of crimes involving bigotry or bias. Authorized sentences.
  • Sec. 53a-40b. Additional term of imprisonment authorized for offense committed while on release.
  • Sec. 53a-40d. Persistent offenders of crimes involving assault, stalking, trespass, threatening, harassment, criminal violation of a protective order, criminal violation of a standing criminal protective order or criminal violation of a restraining order. Authorized sentences.
  • Sec. 53a-40f. Persistent operating while under the influence felony offender. Authorized sentences.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.