Three Strikes Law: Ewing Vs. California Case
Key Assignment Outline
P4IP
CJUS625-1402B-01
Prof. M. Railey
June 16, 2014
ABSTRACT
For the following P4DB Key Assignment Draft, I will be discussing my thoughts on the three strikes laws, requirements, and the Ewing v. California case as it pertains to the three strikes law. Next, a few thoughts on how the public feels about crimes, both violent and non-violent, mandatory sentencing, and the discretion that prosecutors have during the sentencing process, will be discussed in detail. Following will be my thoughts regarding the scenario for reelection and how it pertains to the legal system today, along with developing a policy describing alternatives, protections against “load up” charges, and using multiple counts …show more content…
California: A Brief History
In March of 2000, Mr. Gary Ewing was arrested for stealing three Calloway golf clubs from a golf shop in El Segundo, California worth a total of $1197.00 which made it a felony. He was later tried and found guilty of grand theft by a jury of his peers. This unfortunately for Mr. Ewing, was his third strike and he was sentenced to 25 years to life, the stiffest punishment he could receive which was also a mandatory sentence under the California Three Strikes Law. Mr. Ewing appealed all the way to the Supreme Court but due to his very busy criminal past, he lost. (Schidegger & Hobson, 2002)
When a case is appealed, as in Mr. Ewing’s case, other cases of like offenses and sentencing are looked at to see if any type of discrepancy or bias can be found. The cases e.g. Harmelin v. Michigan, 501 U. S.957 (1991), Solem v. Helm, 463 U. S. 277(1983), and Rummel v. Estelle, 445 U. S. 263 (1980), that were selected to be part of the review process for Mr. Ewing case were similar but upon review, Mr. Ewing was found to be much more violent in his overall scope, e.g. felonies and prior offenses which included the use of weapons, and therefore, his here strikes sentence was upheld. (Ewing v. California, …show more content…
California is a different kind of state. I was raised in San Diego and lived there for most of my adult life as well and the philosophy there is pretty much, “don’t bother me and I won’t bother you.” But when people do hurt others, it is very much frowned on and if the offender happens to be Hispanic, it is almost a death sentence as far as the public is concerned. On the other hand, if the same three strike law was changed in a different place like Idaho, where the public is predominantly members of the Mormon church (which happens to be my faith and where I moved when I left California) and are taught to forgive on a grand scale, the new proposal might be embraced a little easier, especially when it was explained that hardened criminals were not candidates, only persons that had been convicted of non violent crimes. It really does matter where we are taking about.
What evidence can help the public with their concerns and ultimate acceptance of changes in the three strikes
P4IP
CJUS625-1402B-01
Prof. M. Railey
June 16, 2014
ABSTRACT
For the following P4DB Key Assignment Draft, I will be discussing my thoughts on the three strikes laws, requirements, and the Ewing v. California case as it pertains to the three strikes law. Next, a few thoughts on how the public feels about crimes, both violent and non-violent, mandatory sentencing, and the discretion that prosecutors have during the sentencing process, will be discussed in detail. Following will be my thoughts regarding the scenario for reelection and how it pertains to the legal system today, along with developing a policy describing alternatives, protections against “load up” charges, and using multiple counts …show more content…
California: A Brief History
In March of 2000, Mr. Gary Ewing was arrested for stealing three Calloway golf clubs from a golf shop in El Segundo, California worth a total of $1197.00 which made it a felony. He was later tried and found guilty of grand theft by a jury of his peers. This unfortunately for Mr. Ewing, was his third strike and he was sentenced to 25 years to life, the stiffest punishment he could receive which was also a mandatory sentence under the California Three Strikes Law. Mr. Ewing appealed all the way to the Supreme Court but due to his very busy criminal past, he lost. (Schidegger & Hobson, 2002)
When a case is appealed, as in Mr. Ewing’s case, other cases of like offenses and sentencing are looked at to see if any type of discrepancy or bias can be found. The cases e.g. Harmelin v. Michigan, 501 U. S.957 (1991), Solem v. Helm, 463 U. S. 277(1983), and Rummel v. Estelle, 445 U. S. 263 (1980), that were selected to be part of the review process for Mr. Ewing case were similar but upon review, Mr. Ewing was found to be much more violent in his overall scope, e.g. felonies and prior offenses which included the use of weapons, and therefore, his here strikes sentence was upheld. (Ewing v. California, …show more content…
California is a different kind of state. I was raised in San Diego and lived there for most of my adult life as well and the philosophy there is pretty much, “don’t bother me and I won’t bother you.” But when people do hurt others, it is very much frowned on and if the offender happens to be Hispanic, it is almost a death sentence as far as the public is concerned. On the other hand, if the same three strike law was changed in a different place like Idaho, where the public is predominantly members of the Mormon church (which happens to be my faith and where I moved when I left California) and are taught to forgive on a grand scale, the new proposal might be embraced a little easier, especially when it was explained that hardened criminals were not candidates, only persons that had been convicted of non violent crimes. It really does matter where we are taking about.
What evidence can help the public with their concerns and ultimate acceptance of changes in the three strikes