[20030324]RS21346_强制性最低刑期：最高法院的三次罢工——尤因诉加利福尼亚和洛克耶诉安德拉德.pdf

1 E.g., CAL.PENAL CODE 489 (“Grand theft is punishable as follows: (a) When the grand theftinvolves the theft of a firearm, by imprisonment in the state prison for 16 months, 2, or 3 years.(b) In all other cases, by imprisonment in a country jail not exceeding one year i.e., as amisdemeanor or in the state prison i.e., as a felony.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21346Updated March 24, 2003Mandatory Minimum Sentences: Three Strikesin the Supreme Court Ewing v. Californiaand Lockyer v. Andradename redactedSenior SpecialistAmerican Law DivisionSummaryThe Eighth Amendments cruel and unusual punishments clause forbids grosslydisproportionate sentences. The question of how to determine whether a particular termof imprisonment is grossly disproportionate under the facts of a particular case hasdivided the Court for years. The division was evident in the Courts recent treatment ofthe issue in two cases arising under the California Three Strikes law, Lockyer v.Andrade, 123 S.Ct. 1166 (2003), and Ewing v. California, 123 S.Ct. 1179 (2003). InAndrade, the Court conceded that its precedents were unclear. As a