10-20-Life
Encyclopedia
The 10-20-Life law is a mandatory minimum sentencing law in the U.S.
state
of Florida
. It primarily regards the use of a firearm
in committing a violent
felony
. The law's name comes from a set of three basic minimum sentences it provides for. An ongoing public service announcement
campaign has accompanied the law since its passage under the slogan, "Use a gun, and you're done."
, then a candidate for governor in the 1998 gubernatorial election
, proposed the 10-20-Life law and advocated it as a core element of his campaign platform. Following his successful election and assumption of office in January 1999, the Florida Legislature
passed the governor's proposal. The law went into effect on July 1, 1999, amending section 775.087 of the Florida Statutes. In 2000, the Legislature extended the mandatory sentences to cover 16 and 17-year olds who fire a gun (during a violent crime), and those offenders with prior criminal records.
The law's name comes from three main mandatory sentences: producing a firearm during the commission of certain felonies mandates at least a 10-year prison sentence, firing one mandates at least a 20-year prison sentence and shooting someone mandates a minimum sentence of 25 years regardless of whether a victim is killed or simply injured. The maximum penalty is a life unless the defendant is charged with felony murder
or first degree murder in which case the maximum is the death penalty..
In addition to the "10-20-Life" rule itself, the law also established or increased other mandatory minimum sentences:
It also created minimum sentences for convicted drug traffickers. Drug offenses that warrant a mandatory sentence begin at the level of a three-year prison term. Depending on the type of drug the amount of it, and also whether the drug has resulted in anyone's death, the minimum penalties may increase to 7, 15 or 25 years, life or death.
If a defendant is convicted, the degree of the offense shall be raised as follows:
Under Florida law, a law enforcement officer classifies as follows:
(FDC), by 2004, violent gun crime rates had fallen 30% since 1998, and the Index Crime rate had reached the lowest in 34 years, despite a 16.8% increase in population during that time period. The Florida Parole Commission and Department of Corrections both acknowledged that these results were influenced by a multitude of crime prevention programs in addition to the 10-20-Life law, such as the Three-Strike Violent Felony Offender Act, the Habitual Juvenile Offender Accountability Act and "Operation T.H.U.G.S." ("Taking Hoodlums Using Guns Seriously"), a program targeting felons with warrants for violent-crime and a violent history.
University of Florida
criminologist Alex Piquero, who conducted a study on the legislation in 2006, noted the Florida Department of Law Enforcement's
joint anti-crime programs with local law enforcement, such as Operation T.H.U.G.S., along with the “use a gun and you’re done” public service announcement campaign. He also noted that the overall crime rate had been declining before the law's passage. Contrary to the FDC and FPC, Piquero stated that the drop in state crime since the law's passage was more likely attributable to the national decline in crime over the same time period.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. It primarily regards the use of a firearm
Firearm
A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically...
in committing a violent
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. The law's name comes from a set of three basic minimum sentences it provides for. An ongoing public service announcement
Public service announcement
A public service announcement or public service ad is a type of advertisement featured on television, radio, print or other media...
campaign has accompanied the law since its passage under the slogan, "Use a gun, and you're done."
Background
As of 1998, the year before the law went into effect, guns were used in 31,643 violent felonies in Florida. At that time, the mandatory sentence for using a gun in a violent felony was three years in prison. That same year, Jeb BushJeb Bush
John Ellis "Jeb" Bush is an American politician who served as the 43rd Governor of Florida from 1999 to 2007. He is a prominent member of the Bush family: the second son of former President George H. W. Bush and former First Lady Barbara Bush; the younger brother of former President George W...
, then a candidate for governor in the 1998 gubernatorial election
Florida gubernatorial election, 1998
The 1998 Florida Gubernatorial Election was held on November 3, 1998. Governor Lawton Chiles was term-limited and could not run for re-election. Republican Jeb Bush, who had previously run for Governor in 1994 as the Republican nominee, defeated Democratic nominee Buddy MacKay in the general election...
, proposed the 10-20-Life law and advocated it as a core element of his campaign platform. Following his successful election and assumption of office in January 1999, the Florida Legislature
Florida Legislature
The Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
passed the governor's proposal. The law went into effect on July 1, 1999, amending section 775.087 of the Florida Statutes. In 2000, the Legislature extended the mandatory sentences to cover 16 and 17-year olds who fire a gun (during a violent crime), and those offenders with prior criminal records.
Provisions
The law specifies exactly what categories of crimes fall under it, it mandates that offenders be sentenced to the law's maximum allowable extent for the committed felony, and that the mandatory sentences must be completed consecutively to any additional sentence an offender must serve.The law's name comes from three main mandatory sentences: producing a firearm during the commission of certain felonies mandates at least a 10-year prison sentence, firing one mandates at least a 20-year prison sentence and shooting someone mandates a minimum sentence of 25 years regardless of whether a victim is killed or simply injured. The maximum penalty is a life unless the defendant is charged with felony murder
Felony murder rule (Florida)
In the state of Florida, the common law felony murder rule has been codified in Florida Revised Statutes § 782.04.-First degree murder:The predicate felonies that will support a charge of first degree murder under the statute are:*Drug trafficking*Arson...
or first degree murder in which case the maximum is the death penalty..
In addition to the "10-20-Life" rule itself, the law also established or increased other mandatory minimum sentences:
- At least a sentence of 3 years in state prison for felons who possess a firearm;
- At least a 15-year prison sentence if the offender is in possession of either a machine gunMachine gunA machine gun is a fully automatic mounted or portable firearm, usually designed to fire rounds in quick succession from an ammunition belt or large-capacity magazine, typically at a rate of several hundred rounds per minute....
or a semiautomatic gun with a high-capacity box magazine while committing a crime listed under statute 775.087; - At least a 3-year prison sentence for aggravated assault with a firearm;
- At least a 3-year prison sentence for aggravated assault on a police officer;,
- At least a 3-year prison sentence for aggravated assault on a person aged 65 years or older;
- At least a 3-year prison sentence for aggravated batteryAggravated batteryAggravated battery in criminal law is a more serious form of battery, and is considered a felony. Aggravated battery can be punished by a fine or more than a year in prison in some countries...
on a person aged 65 years or older; - At least a 5-year prison sentence for aggravated batteryAggravated batteryAggravated battery in criminal law is a more serious form of battery, and is considered a felony. Aggravated battery can be punished by a fine or more than a year in prison in some countries...
on an officer;, - At least an 8-year prison sentence for possessing a machine gun, or semiautomatic firearm while committing any type of battery on an officer or person aged 65 years or older.
- Varying mandatory minimum sentences for three timeThree strikes lawThree strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
violent felony offenders, depending on the degree of the crime; - Under certain criteria, a 10-year sentence for "repeat sexual batterers", a new offense created by the statute.
It also created minimum sentences for convicted drug traffickers. Drug offenses that warrant a mandatory sentence begin at the level of a three-year prison term. Depending on the type of drug the amount of it, and also whether the drug has resulted in anyone's death, the minimum penalties may increase to 7, 15 or 25 years, life or death.
If a defendant is convicted, the degree of the offense shall be raised as follows:
- Assault - from a misdemeanor of the second degree to a misdemeanor of the first degree.
- Battery - from a misdemeanor of the first degree to a felony of the third degree.
- Aggravated assault - from a felony of the third degree to a felony of the second degree.
- Aggravated battery - from a felony of the second degree to a felony of the first degree.
Under Florida law, a law enforcement officer classifies as follows:
- Any emergency care provider
- Firefighter
- Law Enforcement Explorer and Officer
- Correctional Officer
- Public transit employee or agent
Effectiveness
According to the Florida Parole Commission (FPC), in 2000, there was a 26.4% decrease in violent, gun-related crime compared to 1998. Florida's "Index Crime" rate for 2000, which is based on a variety of different crimes, had dropped 18% from the previous year, and had reached its lowest level in 28 years. According to the Florida Department of CorrectionsFlorida Department of Corrections
The Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...
(FDC), by 2004, violent gun crime rates had fallen 30% since 1998, and the Index Crime rate had reached the lowest in 34 years, despite a 16.8% increase in population during that time period. The Florida Parole Commission and Department of Corrections both acknowledged that these results were influenced by a multitude of crime prevention programs in addition to the 10-20-Life law, such as the Three-Strike Violent Felony Offender Act, the Habitual Juvenile Offender Accountability Act and "Operation T.H.U.G.S." ("Taking Hoodlums Using Guns Seriously"), a program targeting felons with warrants for violent-crime and a violent history.
University of Florida
University of Florida
The University of Florida is an American public land-grant, sea-grant, and space-grant research university located on a campus in Gainesville, Florida. The university traces its historical origins to 1853, and has operated continuously on its present Gainesville campus since September 1906...
criminologist Alex Piquero, who conducted a study on the legislation in 2006, noted the Florida Department of Law Enforcement's
Florida Department of Law Enforcement
The Florida Department of Law Enforcement is a Florida government agency. FDLE is composed of five programs: Executive Direction and Business Support, Criminal Investigations and Forensic Science, Criminal Justice Information, Criminal Justice Professionalism, and the Florida Capitol Police...
joint anti-crime programs with local law enforcement, such as Operation T.H.U.G.S., along with the “use a gun and you’re done” public service announcement campaign. He also noted that the overall crime rate had been declining before the law's passage. Contrary to the FDC and FPC, Piquero stated that the drop in state crime since the law's passage was more likely attributable to the national decline in crime over the same time period.
See also
- Armed robbery
- Crime in the United StatesCrime in the United StatesCrime statistics for the United States are published annually by the Federal Bureau of Investigation in the Uniform Crime Reports which represents crimes reported to the police...
- Mandatory sentencingMandatory sentencingA mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison...
- Three strikes lawThree strikes lawThree strikes laws)"are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. These statutes became...
- Violent crimeViolent crimeA violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
External links
- 10-20-Life Florida Department of CorrectionsFlorida Department of CorrectionsThe Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...