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.

Step by Step Solution

3.41 Rating (160 Votes )

There are 3 Steps involved in it

1 Expert Approved Answer
Step: 1 Unlock

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

blur-text-image
Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock
Step: 3 Unlock

Document Format (1 attachment)

Word file Icon

215-L-B-L-L-E (1690).docx

120 KBs Word File

Students Have Also Explored These Related Business Law Questions!