Three Strikes Law: Ewing V. California

In California in 2000, Gary Ewing stole three golf clubs worth $399 each. The crime itself was not egregious; however, Ewing was on parole for a prior offense and was convicted for felony grand theft (“Ewing v. California”, n.d.). Under the three strikes law, it was discovered that he had previously been convicted for four serious or violent felonies. The court, at their discretion, had the option to reduce the conviction to a misdemeanor. Instead, it sentenced Ewing to 25 years to life in prison which felt was “grossly disproportionate” under the Eighth Amendment which prohibits cruel and unusual punishment. The State Court of Appeals affirmed the ruling as did the United States Supreme Court who ruled that the 25 year to life sentence was

Twenty states were inspired to adopt the law and the federal government created their own version of it. Three Strikes has been proven to lower crime rates in the states that adopted it. It also serves as a preventative measure for habitual offenders who need convincing to stay out of prison. In addition, it gives communities peace of mind to worry less about serious offenders on the streets. It has been very effective in controlling crime as police can focus more on their duties with a lesser number offenders (“Three Strikes”, 2014). But for all the good it does, the law possess serious flaws that cannot continue to be overlooked. Three Strikes has increased operational cost of courts and prisons by up to 50%. It has contributed to the overcrowding of the nation’s jails and prisons. It has deterred costs that prevent the recruitment of law enforcement officers. Lastly, many think that the law is unfair because it does not exempt “light crimes” such as shoplifting or writing bad checks. An offender who shoplifts three times qualifies for life in prison if convicted (“Three Strikes”,

Older inmates, because of their increasing frailty, are easily victimized in the harsh prison environment. In fact, the overcrowded conditions, poor medical services, and a lack of interaction with administrative staff seemingly make them age faster (Maschi, 2012). Money saved from releasing elderly inmates under the new policy can be diverted to geriatric specific programs such as the True Grit program in Nevada (Maschi, 2012). Establish without the use of state funds, the program is the first of its kind Nevada designed to deal with the special needs of elderly inmates. The program was designed to improve physical, mental, and spiritual health through various daily activities (Harrison, 2006). Among other activities, elderly inmates are encouraged to interact with therapy dogs that are brought in monthly. They play wheelchair softball in the summer months and make latch-hook rugs to keeps their fingers nimble (Harrison, 2006). The award winning program as paid of greatly for Carson City. Infirmary visits have decreased. Psychotropic and psychoactive medication use has also decreased. Importantly, elderly inmates who must remain in prison have a reason to get up each day (Harrison,