Court to Review Three Strikes Sentencing Laws

By Anne Gearan

The Washington Post | Associated Press Writer

Monday, April 1, 2002

WASHINGTON -- The Supreme Court said Monday it will use the cases of two petty thieves sentenced to at least 25 years in prison for shoplifting videotapes and stealing golf clubs to decide how far states can go in applying tough three-strikes-and-you're-out sentencing laws.

The court's answer could settle whether states violate the Constitution's ban on cruel or unusual punishment when they use the laws to win long sentences for minor offenses that otherwise might result in just a few months behind bars.

The court agreed to hear two cases from California, which has the country's strictest three-strikes law.

Forty states lengthen sentences of repeat criminals; 26 of the 40 have a three-strikes provision.

Only in California, however, may a judge impose a sentence of 25 years to life for any felony conviction if the criminal was previously convicted of two serious or violent felonies.

Crimes that might otherwise be considered misdemeanors may also be considered felonies under California's law, meaning that shoplifting or other small-time crime can trigger the long sentence.

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