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Supreme Court Upholds 'Three-Strikes' Sentence
Reuters ^ | 3/5/03

Posted on 03/05/2003 8:12:20 AM PST by B-bone

Supreme Court Upholds 'Three-Strikes' Sentence

WASHINGTON (Reuters) - A divided U.S. Supreme Court upheld on Wednesday a sentence of 25 years to life in prison under California's "three-strikes" law to a person who was convicted of stealing golf clubs.

The high court, by a 5-4 vote, affirmed a ruling that upheld the sentence for Gary Ewing, who received 25 years to life for stealing three golf clubs worth about $1,200. He argued the sentence was unconstitutional and grossly disproportionate to his crime.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events
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To: FreeTally
The liberal judiciary feels that criminials can be rehabilitated and don't like to give long sentences that would over load the jails with potential Democrat voters. No, seriously, it is very difficult to take away the sentencing discretion of the judiciary.
61 posted on 03/05/2003 10:46:50 AM PST by Eva
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To: Mister Baredog
Taking the repeat offenders, out of our society is the right thing to do.

I fully agree with that. But I thiunk the better approach is to give them tougher sentences early, so that they will learn (if capable). I do agree with the basic concept of three strikes. But, as it is written, it has some weaknesses and thus anecdotes will pop up from time to time which makes the law seem grossly unfair. On the whole it is not, but occassionally it may be.

62 posted on 03/05/2003 11:02:14 AM PST by Michael.SF.
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To: pghkevin
I guess he was hoping that the Supreme Court would give him a Mulligan.

LOL, good one!

63 posted on 03/05/2003 11:03:13 AM PST by Michael.SF.
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To: AFPhys
Al Capone has nothing to do with Three Strikes Laws. Stay on the subject.
64 posted on 03/05/2003 11:04:48 AM PST by FreeTally
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To: You Dirty Rats
but these laws are unworthy of a serious justice system.

Consider this: The law was enacted because the legal system as it was, was not a serious legal system. That is sentencing was too light, probations to easy, reduced plea bargains to easily given.

Thus the law was enacted (via the proposition method) in an attempt to make the system a serious judicial system. The problem stems from (and this is too common)the fact that when the public is finally fed up and reacts, the reaction is an over reaction. The fault is not the legal system, the fault lies with the legislative branch who refuses to respond to public need.

The entire Calif. Proposition methodology exists because the legislature fails, in too many instances, to do their job.

65 posted on 03/05/2003 11:14:25 AM PST by Michael.SF.
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To: FreeTally
Wonder how many felonies (violent and non-violent) he was never caught for???????
66 posted on 03/05/2003 11:21:17 AM PST by DeathfromBelow
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To: FreeTally
It's not worth $80,000 a year to lock up some pothead or homeless bum who stole a slice of pizza.

Umm, sure it is. The oversized AA who stole the slice of pizza was a long term career criminal. He stole the entire pizza at Redondo Beach from a group of small children while their parents where at the edge of the water. How'd you like your kids to keep that lasting memory?

BTW, the guy they suspect is involved in the Kristi Johnson murder was just paroled 5 weeks ago after serving 3+ years for sexual assualt. Why don't you offer your liberal condolences to her mother since you're such an expert on crime and punishment?

67 posted on 03/05/2003 11:23:25 AM PST by Snerfling
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To: Eric in the Ozarks
I just finished jury duty in California.
We sent a bad boy away on his second violent felony.

If he's smart, his first action after serving the time for the second felongy will
be to move out of California.

Even The Los Angeles Times admits the third-strike law has lowered crime in California.
68 posted on 03/05/2003 11:25:00 AM PST by VOA
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To: VOA
Thanks for doing your duty. I've never been on a jury.
69 posted on 03/05/2003 11:35:35 AM PST by Eric in the Ozarks
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To: sinkspur
No, it sounds like it's be caught with a marijuana cigarette 3 times.
70 posted on 03/05/2003 11:45:15 AM PST by HiTech RedNeck
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To: Eric in the Ozarks
my roomate is an ex felon. he has two strikes. He is really trying to avoid getting his third.

There are two philosophies for jails: you can warehouse the inmates, and keep them away from the honest citizens, or you can try to rehabilitate the inmates, so that they have better options than crime.

The 3 strikes law gives the guy 2 tries at rehabilitation, and then switches into warehouse mode. To me it was a law that made sense: If a guy doesnt get it, try again. If he doesnt get it a second time, something else is going on, and at least keep him away from the honest citizens. It treats the whole man, instead of focusing on the one crime that he was picked up for this time.

71 posted on 03/05/2003 11:48:44 AM PST by donmeaker (Time is Relative, at least in my family.)
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To: sinkspur
"Three-strikes-and-you're-out" is not going to snare some little old lady swiping a Walnetto.

Yes it can. This law is blissfully blind to whether the career is worsening (as it obviously was in Ewing).

It is funny that Scalia voted for it, because in his Slouching Towards Gomorrah he said he didn't believe the statistics showed that it did any good. Apparently by the time a person gets 3-striked, they are usually old enough that the normal prison sentence would see them to an age at which they are unlikely to commit more violent crimes anyhow.

72 posted on 03/05/2003 11:51:34 AM PST by HiTech RedNeck
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To: HiTech RedNeck
I thought Bork wrote "Slouching."
73 posted on 03/05/2003 11:52:56 AM PST by Eric in the Ozarks
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To: donmeaker
Prisons as we know them are about the worst place to try to rehab anyone.
74 posted on 03/05/2003 11:52:57 AM PST by HiTech RedNeck
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To: Eric in the Ozarks
Oop, sorry. It was Robert Bork.
75 posted on 03/05/2003 11:53:47 AM PST by HiTech RedNeck
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To: donmeaker
He is really trying to avoid getting his third.

There are so many B.S. things that can count as felonies, is the problem. Ever pull an obscene page up in your web browser because of a typo that got you to a porn site, or a Google search which didn't reveal the character of just what it was it found? (If you clear your cookies, Google's SafeSearch text filtering goes away.) That's a rap which would be sufficient, were the gummint spying on his internet connection. Or, someone slip drugs into your coat pocket; it can be difficult to prove you didn't know they were there.

76 posted on 03/05/2003 12:01:28 PM PST by HiTech RedNeck
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To: HiTech RedNeck
I'm not a fan of Bork and am frankly glad he's not on the High Court because of his position on the RKBA. I thought his Congressional treatment was pretty shabby, however.
77 posted on 03/05/2003 12:02:02 PM PST by Eric in the Ozarks
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To: B-bone
Bad Law; Not a conservative law.
78 posted on 03/05/2003 12:04:06 PM PST by Porterville (Screw the grammar, full posting ahead.)
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To: HiTech RedNeck
No, it sounds like it's be caught with a marijuana cigarette 3 times.

South Carolina has a "three strikes" law for simple possession. This includes paraphenelia. The penalty for #1 and #2 is a small fine, a ticket. Nothing more. The third time, its mandatory time in State prison. The only way around it is to cry and plead to the judge to send you to rehab because you "have a problem".

I knew a guy who lived there for a while, and made unfortunate bad decisions about who he would hang out with. He had smoked weed for years, and never had legal trouble. He got popped twice for possession, and pretty much moved to another State so that he didn't risk going to prison over some silly incident outside his control. Its craziness.

79 posted on 03/05/2003 12:07:27 PM PST by FreeTally
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Comment #80 Removed by Moderator


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