Did Ewings sentence violate the Eighth Amendment? California passed a three strikes law, dramatically increasing sentences for
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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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Business Law and the Legal Environment
ISBN: 978-1111530600
6th Edition
Authors: Jeffrey F. Beatty, Susan S. Samuelson, Dean A. Bredeson
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