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EWING v. CALIFORNIA

United States Supreme Court No. 01-6978

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QUESTION PRESENTED: Does a sentence of 25 years to life for felony grand theft with several prior convictions for serious and violent felonies violate the Eighth Amendment in light of the highly deferential standard for reviewing prison sentences under that provision?

ORAL ARGUMENT DATE: November 5, 2002

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INTRODUCTION

Interest of amici curiae
Summary of facts and case
Summary of argument

Argument - Parts I - II

I. Any standard governing Eighth Amendment challenges to the proportionality of prison sentences must be very deferential

II. The conflicts between Solem and Rummel should be resolved by extending the deference accorded to punishment measures

A. Philosophy
B. Recidivism
C. Objective factors

Part III - Conclusion

III. Ewing's sentence is not grossly disproportionate to his culpability in light of his lengthy and serious criminal record

A. Recidivism, incapacitation, and deterrence
B. The proper sentence

Conclusion