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Three strike rule of USA

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Ewing v. California

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Ewing v. California

Supreme Court of the United States

Argued November 5, 2002

Decided March 5, 2003

u!! case

nameGary Ewing v. State of California

Citations 538 U.. !! "more#

"rior histor#

$efendant convicted in %os &ngeles 'ounty

uperior 'ourt( conviction affirmed )y

'alifornia 'ourt of &ppeal( 'alifornia

upreme 'ourt declined revie*, and the U..

upreme 'ourt granted certiorari.

$o!ding

'alifornia+s three strikes la* does not violate the ighth&mendment prohi)ition against cruel and unusual

punishment.

Court membership

https://en.wikipedia.org/wiki/Ewing_v._California#mw-headhttps://en.wikipedia.org/wiki/Ewing_v._California#mw-headhttps://en.wikipedia.org/wiki/Ewing_v._California#p-searchhttps://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttps://en.wikipedia.org/wiki/United_States_Reportshttps://supreme.justia.com/us/538/11/case.htmlhttps://supreme.justia.com/us/538/11/case.htmlhttps://supreme.justia.com/us/538/11/case.htmlhttps://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_cases,_volume_538https://en.wikipedia.org/wiki/Three_strikes_lawhttps://en.wikipedia.org/wiki/Ewing_v._California#p-searchhttps://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttps://en.wikipedia.org/wiki/United_States_Reportshttps://supreme.justia.com/us/538/11/case.htmlhttps://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_cases,_volume_538https://en.wikipedia.org/wiki/Three_strikes_lawhttps://en.wikipedia.org/wiki/Ewing_v._California#mw-head


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Case opinions

Ma%orit# -+'onnor, oined )y /ehn0uist, 1ennedy

Concurrence calia

Concurrence 2homas

Dissent tevens, oined )y outer, ins)urg, 4reyer

Dissent 4reyer, oined )y tevens, outer, ins)urg

&a's app!ied

U.. 'onst. amend. 666( 'al. 7enal 'ode 99

Ewing v. California, 538 U.. !! ";


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• ; 7lurality decision

• 3 $issents

• C ee also

• 5 >otes

• 9 Dternal links

acts(edit)

ie*ed separately from his criminal history, the crime ary *ing committed in this case isrelatively )enign. 6n ;


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• 6n $ecem)er !==3 *ing *as arrested on the premises of another %ong 4each apartment

compleD, *here police found a knife used in the prior ro))ery, along *ith a glass cocaine pipe, on his person. e *as convicted this time of one count of firstHdegree ro))ery andthree counts of residential )urglary, and sentenced to nine years in prison.

*ing *as paroled in !===, ten months )efore he stole the golf clu)s from the pro shop in legundo.A5B

&t sentencing on the golf clu) theft, the udge used the !==3 )urglaries and ro))ery to imposethe ;5HtoHlife sentence under 'alifornia+s three strikes la*.A9B

*ing appealed his conviction to the 'alifornia 'ourt of &ppeal, *hich reected his challengethat the ;5Hyear sentence *as grossly disproportional to the crime. 2he 'alifornia upreme 'ourtdenied revie*.AB

"!ura!it# decision(edit)

Justice -+'onnor *rote an opinion for herself, 'hief Justice /ehn0uist, and Justice 1ennedy.Under the ighth &mendment, a narro* proportionality principle applies to noncapital sentences.4efore Ewing , the 'ourt had from time to time eDamined lengthy sentences imposed forrelatively minor crimes. 6n Rummel v. Estelle, CC5 U.. ;93 "!=8


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felony recidivism. &ny other approach *ould fail to accord proper deference to the policy udgments that find eDpression in the legislature+s choice of sanctions.G *ing+s sentence might )e long, )ut it Greflects a rational udgment, entitled to deference, that offenders *ho havecommitted serious or violent felonies and *ho continue to commit felonies must )eincapacitated.G For this reason, -+'onnor reasoned that *ing+s ;5HyearsHtoHlife sentence did not

violate the ighth &mendment.

Justice calia *as *illing to accept that the ighth &mendment contained a grossdisproportionality re0uirement Gif 6 felt 6 could intelligently apply it.G o*ever, )ecause acriminal sentence can have many ustificationsInot simply retri)ution, a goal to *hich proportionality is inherently linkedIit )ecame impossi)le to intelligently apply a proportionalityre0uirement to noncapital sentences. ven so, Justice calia concurred in the udgment that*ing+s sentence *as constitutional.

Justice 2homas )elieved that the ighth &mendment contained no proportionality principle at all,and thus concurred in the udgment.

Dissents(edit)

Justice tevens eDplained that a proportionality principle for noncapital sentences *ascompati)le *ith the ighth &mendment. &fter all, udges must determine the proportionality offines, )ail, and death sentences. 2here should )e no reason *hy these lesser and greater forms of punishment should )e su)ect to a proportionality re0uirement, )ut not the length of a prisonsentence.

Judges have historically eDercised much discretion in criminal sentencing. @uch of thisdiscretion had )een conferred )y legislatures, *ho fiDed criminal penalties over very )road

ranges. G6t *as not unheard of for a statute to authorie a sentence ranging from one year to life,for eDample.G 6n order to eDercise this discretion, udges had to take into account all the goals of punishment in fiDing a proportional sentence. 2here *as no reason for tevens that the ighth&mendment could not do this *ork. G6 think it clear that the ighth &mendment+s prohi)ition ofcruel and unusual punishments eDpresses a )road and )asic proportionality principle that takesinto account all of the ustifications for penal sanctions.G

Justice 4reyer conceded that successful proportionality challenges to criminal sentences should )e rare, )ut argued that *ing+s sentence could )e successfully challenged as disproportional.For 4reyer, three characteristics of a sentence )ear on *hether it is proportional: the length of thesentence in real time, the conduct that triggered the sentence, and the offender+s criminal history.

&lthough *ing *as a recidivist, his present crime *as not violent, and so he should not have )een sentenced as harshly as a recidivist *ho had committed yet another violent crime. 2heeDperience of some federal udges, as descri)ed )y data aggregated )y the United tatesentencing 'ommission, suggested that *ing *ould not have )een treated so harshly underfederal sentencing la*. Finally, the fact that *ing+s sentence *ould have )een the same if hehad )een convicted of a truly violent crime like rape or murder suggested it *as too harsh asentence for a shoplifter, even a recidivist shoplifter like *ing. G-utside the 'alifornia three

https://en.wikipedia.org/wiki/Antonin_Scaliahttps://en.wikipedia.org/wiki/Clarence_Thomashttps://en.wikipedia.org/w/index.php?title=Ewing_v._California&action=edit&section=3https://en.wikipedia.org/wiki/John_Paul_Stevenshttps://en.wikipedia.org/wiki/United_States_v._Bajakajianhttps://en.wikipedia.org/wiki/Stack_v._Boylehttps://en.wikipedia.org/wiki/Stack_v._Boylehttps://en.wikipedia.org/wiki/Coker_v._Georgiahttps://en.wikipedia.org/wiki/Stephen_Breyerhttps://en.wikipedia.org/wiki/Stephen_Breyerhttps://en.wikipedia.org/wiki/Antonin_Scaliahttps://en.wikipedia.org/wiki/Clarence_Thomashttps://en.wikipedia.org/w/index.php?title=Ewing_v._California&action=edit&section=3https://en.wikipedia.org/wiki/John_Paul_Stevenshttps://en.wikipedia.org/wiki/United_States_v._Bajakajianhttps://en.wikipedia.org/wiki/Stack_v._Boylehttps://en.wikipedia.org/wiki/Coker_v._Georgiahttps://en.wikipedia.org/wiki/Stephen_Breyer


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strikes conteDt, *ing+s recidivist sentence is virtually uni0ue in its harshness for his offense ofconviction, and )y a considera)le degree.G

Three Strikes Laws

Also found in: Wikipedia.

Three Strikes Laws

Criminal statutes that mandate increased sentences for reeat offenders! usually after three

serious crimes.

4eginning in the early !==

most attention in the de)ate over three strikes statutes.

2he 'alifornia la* originally gave udges no discretion in setting prison terms for three strikes

offenders. o*ever, the 'alifornia upreme 'ourt ruled, in !==9, that udges, in the interest of

ustice, could ignore prior convictions in determining *hether an offender 0ualified for a three

strikes sentence. 7rosecutors have the greatest discretion( they may decide *hether to countcertain crimes as strikes *hen they file their criminal complaint. 'ritics have charged that this

system introduces the *orst of )oth *orlds: mandatory sentences for those charged under the la*

and une0ual application of the la*. 2he disparity in prosecutorial use of the 'alifornian la* has

meant that the la* is rarely used in an Francisco )ut is used heavily in other parts of the state.

upporters of three strikes la*s have argued that the plummeting crime rates of the !==


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*hich cite the fact that approDimately !,;2 &'2

"''%. 7u)lic %a* !


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t*o convictions may )e for state or federal offenses, )ut the third conviction must )e for a

federal offense )efore the ''%& threeHstrikes provision applies.

''%& defines Gserious violent felonyG to include murder, voluntary @anslaughter , assault

*ith intent to commit murder or rape, aggravated eDual &)use, 1idnapping, aircraft 7iracy,

/o))ery, 'aracking, Dtortion, &rson, and firearms use or possession, among others. !8U..'.&. 355=. -ffenses committed at the state level need not )e deemed a felony )y the state to

trigger the ''%& threeHstrikes provision as long as the state offense is Gseriously violent,G

meaning the offense is similar to those specified )y the ''%&. Gerious drug offenseG is

defined )y the ''%& as kno*ingly or intentionally manufacturing, distri)uting, dispensing,

or possessing *ith intent to manufacture, distri)ute, or dispense enumerated controlled

su)stances. $rug offenses committed at the state level are considered GseriousG under ''%&

if they *ould )e punisha)le )y the federal controlled su)stances la*s.

2he impetus )ehind 2&K- la*s came from a string of highly pu)licied cases in *hich a crime

victim *as viciously attacked )y a repeat offender on parole. -ne of the most pu)licied cases*as that of !;HyearHold 7olly 1laas from 'alifornia. 6n !==3 she *as kidnapped, molested, and

murdered )y /ichard &llen $avis, a M -FF>$/ *ith a long history of criminal convictions.

7olly+s father, @arc, appeared on a num)er of national television programs to attack the criminal

ustice system+s lenient treatment of repeat felony offenders and to advocate the enactment of

threeHstrikes la*s. /elatives of other victims, concerned citiens, prosecutors, and politicians

follo*ed suit.

Washington state+s legislature *as the first to respond, passing 2&K- legislation in !==3.

West+s /'W& =.=C&.3=; et se0. 2he la* mandates life in prison after conviction on any three of

a)out C< felonies, ranging from murder to ro))ery and vehicular assault. $efendants convicted

under this la* are not eligi)le for parole, nor may their sentence )e suspended or shortened.

'alifornia and !! other states passed similar la*s in !==C. >ine more states *ere added to the

list a year later. 4y the year ;


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2he studies revealed t*o kinds of results. 6n most states, little had changed. Washington had

convicted 99 people under its 2&K- la*. &rkansas had !; convictions and &laska,

'onnecticut, %ouisiana, @aryland, >orth 'arolina, 7ennsylvania, ermont, and >e* Jersey had

no more than siD. Wisconsin had invoked its la* only once, *hile no one in Utah, irginia,

@ontana, 2ennessee, >e* @eDico, or 'olorado had ever )een prosecuted for a thirdHstrike

offense. 6nstead, the states that let their 2&K- la*s lay idle *ere still seeking harsh punishments for dangerous recidivists, )ut under repeatHoffender statutes that had )een on the

)ooks for decades. 6n other *ords, for these states the 2&K- la*s represented a sym)olic

measure that neither improved nor diminished a prosecutor+s a)ility to keep dangerous recidivists

off the streets. imilarly, the studies sho*ed that only 35 offenders had )een convicted of a third

strike at the federal level through !==.

2he results *ere vastly different in 'alifornia and eorgia. 'alifornia had imprisoned more than

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proof of 2&K- la*s+ effectiveness.

-pponents of 2&K- la*s ackno*ledge that prison populations have drastically increased in

some states due in part to incarceration of thirdHstrike offenders, )ut they 0uestion *hether this

result is entirely good. /eports indicate that prisons in 'alifornia and eorgia are severely


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overcro*ded. 2he eorgia $epartment of 'orrections estimates that it needs nearly !C,

eDpenses for the average inmate, )ut more than E9,

recidivist la* for *riting a )ad check amounted to 'ruel and Unusual 7unishment.

http://legal-dictionary.thefreedictionary.com/Cruel+and+Unusual+Punishmenthttp://legal-dictionary.thefreedictionary.com/Cruel+and+Unusual+Punishment


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2he state of 'alifornia appealed, and the U.. upreme 'ourt reversed. Lockyer v. Andrade, NNN

U.. NNN !;3 .'t. !!99, !55 %.d.;d !CC ";inth 'ircuit

'ourt of &ppeals ruled that &ndrade+s sentence *as unconstitutional )ecause it *as grossly

disproportionate. &lthough the 'alifornia la* *as unconstitutional as applied, the >inth 'ircuit

refused to hold that the Gthree strikes and you+re outG la* *as generally unconstitutional.

2he upreme 'ourt, in a 5LC decision, overturned the >inth 'ircuit decision and upheld the

constitutionality of the three strikes la* as applied to &ndrade " Lockyer v. Andrade, 538 U.. 93,

!;3 . 't. !!99, !55 %. d. ;d !CC A;


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constituted Gthe practical e0uivalence of a life sentence *ithout parole.G outer *as also trou)led

)y the state+s use of the t*o minor theft charges, ust *eeks apart, as the second and third strikes.

6n his vie*, G&ndrade did not someho* )ecome t*ice as dangerous to society *hen he stole the

second handful of videotapes.G & ;5Hyear sentence *ould have )een reasona)le )ut 5< years *as

disproportionate.

2hough critics of the la* *ere disappointed )y the decision, they argued that the economic cost

of incarcerating three strikes inmates may ultimately lead to the repeal of such la*s. 6n

'alifornia it *ill cost an estimated Ee* Kork: -Dford Univ. 7ress.

Cross-references

$eterminate entence( 7risoners+ /ights.

Want to thank T&! for its e'isten(e% Tell a friend a)out us* add a link to this pa+e* or

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http://legal-dictionary.thefreedictionary.com/Determinate+Sentencehttp://legal-dictionary.thefreedictionary.com/Prisoners'+Rightsmailto:?subject=TheFreeDictionary&body=http://www.thefreedictionary.com/lookup.htmhttp://legal-dictionary.thefreedictionary.com/Determinate+Sentencehttp://legal-dictionary.thefreedictionary.com/Prisoners'+Rightsmailto:?subject=TheFreeDictionary&body=http://www.thefreedictionary.com/lookup.htm

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