Question: Did Ewings sentence violate the Eighth Amendment? California passed a three strikes law, dramatically increasing sentences for repeat offenders. A defendant with two or more
Did Ewing’s sentence violate the Eighth Amendment?
California passed a “three strikes” law, dramatically increasing sentences for repeat offenders. A defendant with two or more serious convictions, who was convicted of a third felony, had to receive a sentence of life imprisonment. Such a sentence required the defendant to serve a minimum of 25 years, and in some cases much more. Gary Ewing, on parole from a nine-year prison term, stole three golf clubs worth $399 each, and was prosecuted. Because he had prior convictions, the crime, normally a misdemeanor, was treated as a felony. Ewing was convicted and sentenced to 25 years to life. He appealed, claiming that the sentence violated the Eighth Amendment.
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Holding No Excerpts from Justice OConnors opinion When the California Legislature enacted the three strikes law it made a judgment that protecting the public safety requires incapacitating criminals w... View full answer
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