By Tony Lang
Cincinnati Enquirer
Career criminals are nobody's favorite people, but Wednesday's Supreme Court rulings on two lengthy prison terms mandated by California's "Three-Strikes" law give new meaning to the word "overkill."
The "third strike" offense that earned petty thief Gary A. Ewing a 25-year sentence without parole was stealing three golf clubs from a pro shop. Leandro Andrade got 50 years without parole for stealing children's videos from a Kmart. Both men were drug users.
Justice Sandra Day O'Connor, writing for the 5-4 majority, reaffirmed states' rights to set sentencing policy and argued that neither prison sentence violated constitutional standards against punishment grossly disproportionate to the crime. Justice Stephen Breyer, in dissent, tried to strike a note of reasonableness by reciting how murderers and other violent criminals in California and other states routinely serve much shorter jail time.
The court majority did not even hint that California, if not other states, ought to take a second look at its "Three Felonies" law, passed after the 1993 kidnap murder of 12-year-old Polly Klass by a released felon. The Supreme Court shouldn't dictate sentencing practices to states, but the majority could have at least acknowledged the absurdity of the sentences in these specific cases and urged refining the law.
In Andrade's case, the lower court slapped an extra 25 years on top of his first 25 because he stole videotapes on two separate occasions. Justice David H. Souter, in dissent, asked how anyone could argue that after 25 years in prison, Andrade would remain "so dangerous" that he will need a second consecutive 25 years.
Yes, it's hard to predict dangerousness, and serial offenders can cause great havoc for law-abiding citizens. But the majority opinions in these two cases, just like California's "Three Strikes" law, play fast and loose with the definition of "serious or violent" crimes. Refining such laws could start with clearer definitions. It should take clearly violent crimes to trigger 25- to 50-year sentences - something more than three golf clubs stuck down your pants leg.
