![]() Tionality between crime and sentence forbids only extreme sentences that are 'grossly disproportionate' to the crime." Id., at 100l. ![]() The Amendment's application in this context is guided by the principles distilled in JUSTICE KENNEDY'S concurrence in Harmelin: "he primacy of the legislature, the variety of legitimate penological schemes, the nature of our federal system, and the requirement that proportionality review be guided by objective factors" inform the final principle that the "Eighth Amendment does not require strict propor. 957, 996-997 (KENNEDY, J., concurring in part and concurring in judgment). (a) The Eighth Amendment has a "narrow proportionality principle" that "applies to noncapital sentences." Harmelin v. JUSTICE O'CONNOR, joined by THE CHIEF JUSTICE and JUSTICE KENNEDY, concluded that Ewing's sentence is not grossly disproportionate and therefore does not violate the Eighth Amendment's prohibition on cruel and unusual punishments. 263, it rejected Ewing's claim that his sentence was grossly disproportionate under the Eighth Amendment and reasoned that enhanced sentences under the three strikes law served the State's legitimate goal of deterring and incapacitating repeat offenders. In sentencing him to 25 years to life, the court refused to exercise its discretion to reduce the conviction to a misdemeanor-under a state law that permits certain offenses, known as "wobblers," to be classified as either misdemeanors or felonies-or to dismiss the allegations of some or all of his prior relevant convictions. As required by the three strikes law, the prosecutor formally alleged, and the trial court found, that Ewing had been convicted previously of four serious or violent felonies. While on parole, petitioner Ewing was convicted of felony grand theft for stealing three golf clubs, worth $399 apiece. Such a defendant becomes eligible for parole on a date calculated by reference to a minimum term, which, in this case, is 25 years. Under California's three strikes law, a defendant who is convicted of a felony and has previously been convicted of two or more serious or violent felonies must receive an indeterminate life imprisonment term. Argued November 5, 2002-Decided March 5, 2003 The Supreme Court emphasized the importance of deferring to states in making their own policy decisions, even though three strikes laws are a relatively recent trend.ĬERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT However, it is reasonable for a sentence to serve both objectives. Proportionality is a difficult concept to pin down when a sentence is designed to achieve goals of both deterrence and retribution rather than retribution alone. This policy determination is more appropriately left to the legislature. The Eighth Amendment disallows only punishments that are grossly disproportionate rather than requiring exact proportionality between the crime and the sentence. The judgment of the legislature is entitled to deference because it is rational, and the sentence is not grossly disproportionate because it takes the defendant's previous crimes into account. The three strikes law and the resulting sentence is properly supported by the defendant's long record of serious crimes and by the state's substantial interest in forestalling crimes by recidivist criminals. He appealed based on the Eighth Amendment's prohibition against cruel and unusual punishment, pointing out that the sentence was grossly disproportionate to the crime. This gave him two or more serious or violent felony convictions, which meant that he was sentenced to 25 years to life under California's three strikes law. After his theft of the golf clubs, Ewing was convicted of felony grand theft of personal property. He was on parole from a nine-year prison term at the time, having been convicted of four serious or violent felonies based on three burglaries and a robbery. Gary Ewing took three golf clubs priced at $399 each from a golf pro shop, concealing them in his pants leg.
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