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Was Ewing's sentence disproportionate under the Eighth Amendment?
Ewing v. California: Three strikes laws do not violate the constitutional prohibition against punishment that is grossly disproportionate to the crime because there is a reasonable basis for believing that these laws would further the legitimate goal of deterring and incapacitating repeat offenders.
Nov 5, 2002 · Ewing v. California. Media. Oral Argument - November 05, 2002. Opinion Announcement - March 05, 2003. Opinions. Syllabus. View Case. Petitioner. Gary Ewing. Respondent. California. Location. El Segundo Golf Course. Docket no. 01-6978. Decided by. Rehnquist Court. Lower court. State appellate court. Citation. 538 US 11 (2003) Argued. Nov 5, 2002.
Ewing appealed his conviction to the California Court of Appeal, which rejected his challenge that the 25-year sentence was grossly disproportional to the crime of stealing $1200 worth of goods in a non-violent incident. The California Supreme Court denied review. Plurality decision
Ewing v. California (2003) asked the Supreme Court to consider whether harsher sentences imposed under three-strikes laws could be considered cruel and unusual punishment. The court upheld three-strikes, stating that, in the case at hand, the sentence was not “grossly disproportionate to the crime.”.
ring and incapacitating repeat offenders. The State Supreme Court denied review. Held: The judgment is affirmed. Affirmed. Justice O’Connor, joined by The Chief Justice and Justice Ken-nedy, concluded that Ewing’s sentence is not grossly disproportionate and therefore does not violate the Eighth Amendment’s prohibition on
Get Ewing v. California, 538 U.S. 11, 123 S. Ct. 1179 (2003), United States Supreme Court, case facts, key issues, and holdings and reasonings online today. Written and curated by real attorneys at Quimbee.
Mar 5, 2003 · Enhanced sentences under recidivist statutes like the three strikes law, the court reasoned, serve the “legitimate goal” of deterring and incapacitating repeat offenders. The Supreme Court of California denied Ewing’s petition for review, and we granted certiorari, 535 U.S. 969 (2002). We now affirm. II. A
