The three strikes policy is a form of double jeopardy which violates the fifth amendment. If you commit two crimes and serve the sentences for both and then commit a third crime, no matter how benign, you will receive a harsher sentence for that third crime than you would had that third crime been your first. This means that the two previous crimes, which you already served, are being used a second time to punish you. Remember that double jeopardy is being convicted twice for the same offense. Under the three strike policy, you are being convicted using two offenses which you were previously convicted of.
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