Supreme Court views California three-strikes law
WASHINGTON (AP) – A conflicted Supreme Court debated Tuesday whether it’s unconstitutional for states to lock up shoplifters, burglars or other petty criminals for life in the name of public safety. Justices are considering striking down California’s three-strikes-you’re-out law, the toughest in the nation. Their ruling, expected next year, could curb states’ efforts to give long sentences to revolving-door criminals or signal that other states can strengthen their laws.
During Tuesday’s oral arguments, some justices seemed reluctant to interfere with state punishments, despite concerns about long sentences given in minor crimes.
The California law, which requires a sentence of 25 years to life for any felony conviction if the defendant has previously been convicted of two serious or violent felonies, put a man who shoplifted children’s videocassettes in prison until 2046 and gave another man a life sentence for taking three golf clubs.
“No other state in the country would impose a punishment like this,” Erwin Chemerinsky, the attorney for the man who stole $153 worth of videotapes, told the court.
The three-strikes law was passed in 1994 after voters endorsed tougher sentences amid public furor over the kidnapping and murder of 12-year-old Polly Klaas. The law has been credited with lowering crime in California, and state officials said it gets career criminals off the streets. Opponents say it amounts to cruel and unusual punishment and is therefore unconstitutional.
More than 7,100 inmates are serving third-strikes sentences, including about 350 who received life terms for petty offenses, officials have said.
“There comes a point when the state has a right to say enough is enough,” Douglas Danzig, a deputy attorney general in California, told justices.
Justice Stephen Breyer said the crimes seemed minor, but noted: “We cannot convert this court into a sentencing commission. There has to be a way of deciding: Did they go too far?”
Leandro Andrade, a heroin addict, had previous burglary convictions when he was caught shoplifting nine videotapes, including “Snow White” and “Cinderella.” Under his three-strikes sentence, he’ll be at least 87 when he gets out of prison.
Danzig told justices that Andrade was stealing to support his drug habit, not to have movies for his children to watch.
The other case justices reviewed is that of Gary Ewing, caught with three $400 golf clubs in his pants leg at a pro shop. Because of previous convictions for burglary and robbery, he was sentenced to life in prison with the possibility of parole after 25 years.
“Why can’t the state say … it’s time to get him off the street?” Chief Justice William H. Rehnquist asked Ewing’s lawyer.
Justice Antonin Scalia said: “It sounds to me like your client is a very good candidate for that law.”
But Justice John Paul Stevens questioned whether states could also give long prison sentences to people who repeatedly break traffic laws.
Many legal experts think the court will uphold California’s law, on a divided vote.
“It’s one thing to strike down a mode of sentence, like the torture rack,” said Ronald Allen, a Northwestern University law professor. He said it would be difficult for the court to specify when a sentence is too harsh.
The cases are Lockyer v. Andrade, 01-1127, and Ewing v. California, 01-6978.
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