Appeals Court Tosses Three-Strikes Sentence
Cheers for the 9th Circuit Court of Appeals for throwing out a 25 year to life sentence for a man whose third strike was a shoplifting offense. The Court said the sentence was cruel and unusual punishment.
Ruling 2-1, a panel of the 9th U.S. Circuit Court of Appeals said the 25-year term handed to a California man convicted of stealing a $199 VCR violated the Eighth Amendment constitutional ban on cruel-and-unusual punishment. The appellate court said the punishment did not fit the crime even though the Supreme Court last year upheld the same sentences for two California shoplifters. The appeals court said the life sentence was unjust and more severe than a sentence for "murder, manslaughter or rape." The San Francisco-based appeals court said the Supreme Court's precedent did not apply to every third-strike defendant convicted of a felony.
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