Features

’Three-strikes’ law heard by Supreme Court

By Gina Holland The Associated Press
Wednesday November 06, 2002

WASHINGTON —The Supreme Court struggled Tuesday over the constitutionality of a California sentencing law that put a man who shoplifted children’s videocassettes in prison until 2046 and gave another man a life sentence for taking three golf clubs. 

Their sentences are due to California’s three-strikes-you’re-out law, which has been challenged as cruel and unusual punishment. The law requires tough sentences for repeat offenders. 

“No other state in the country would impose a punishment like this,” said Erwin Chemerinsky, the attorney for the man who stole $153 worth of videotapes. 

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. 

“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. 

More than 7,100 inmates are serving third-strikes sentences, including about 350 who received life terms for petty offenses, officials said. Justices are considering if the punishment fits the crime. 

Justice Antonin Scalia said the crimes may be more serious than they appear to be because of the potential for violence. 

But Justice John Paul Stevens questioned if states could also give long prison sentences to people who repeatedly break traffic laws, because of public safety concerns. 

Some court members seemed unsure how to handle the cases. 

“We cannot convert this court into a sentencing commission,” noted Justice Stephen Breyer, who also said the crimes seemed minor. 

Leandro Andrade, a heroin addict had previous burglary convictions when he was caught shoplifting nine videotapes, including “Snow White” and Cinderella,” from Kmart. Under his three-strikes sentence, he’ll be at least 87 when he gets out of prison. 

The California law requires a sentence of 25 years to life in prison for any felony conviction if the criminal was previously convicted of two serious or violent felonies. It is one of the toughest sentencing laws in the nation, although most states also impose longer terms for revolving-door criminals.