Explain and describe California's Three Strike's Law by making reference to the Ewing case from California. Explain the rationale for the law and why Ewing appealed his conviction to the U.S. Supreme Court. Explain the Supreme Court's ruling in the case, and your thoughts about the decision rendered

What will be an ideal response?


California's Three Strikes Law was passed in response to citizen frustration with crimes committed by repeat offenders. The California law allows for increased penalties for defendants convicted of a third felony; only one of these convictions must be for a violent crime. Gary Ewing was prosecuted under the law for stealing three golf clubs that were hidden up his pants leg. He had previously been convicted of two other felony offenses. Ewing received a 25-year prison sentence. In Ewing v. California (2002), the U.S. Supreme Court upheld California's law by stating that the seemingly harsh punishment was not disproportionate to the crime committed and that it did not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The Court further noted that offenders who repeatedly engage in serious or violent crime may be isolated from the rest of society and, thus, California's deliberate policy choice was justified. Critics of the law, including Ewing's attorneys, argued that 25-year prison sentence was grossly disproportionate to the offense committed. Under normal circumstances Ewing would have been prosecuted for a misdemeanor offense, but his criminal record marked the case as unusual. Moreover, prosecutors routinely exercise discretion as to when the law will be applied, which gives them an advantage in forcing a guilty plea among defendants who may be facing a lengthy sentence connected to a third felony.

Criminal Justice

You might also like to view...

Trial jurors find it overwhelmingly easy to discriminate between collective and individual accountability in white collar criminal cases

Indicate whether the statement is true or false

Criminal Justice

The balancing test used to justify _________searches involves weighing citizen?s privacy interests with the government?s interest in protecting public safety

Fill in the blank with correct word.

Criminal Justice

The major premise of incapacitation is that known criminals must be kept in prison and this will reduce crime rates.

Answer the following statement true (T) or false (F)

Criminal Justice

Both criminologists and victimologists place a great emphasis on following the proper ways of gathering and interpreting data

a. true b. false Indicate whether the statement is true or false

Criminal Justice