Justices review life terms in petty crimes

WASHINGTON -- A conflicted Supreme Court debated Tuesday whether it's unconstitutional for states to lock up shoplifters, burglars or other petty criminals for life in the name of public safety.

Justices are considering striking down California's three-strikes-you're-out law, the toughest in the nation. Their ruling, expected next year, could curb states' efforts to give long sentences to revolving-door criminals or signal that other states can strengthen their laws.

During Tuesday's oral arguments, some justices seemed reluctant to interfere with state punishments, despite concerns about long sentences in minor crimes.

The California law, which requires a sentence of 25 years to life for a felony conviction if the defendant has previously been convicted of two serious or violent felonies, put a man who shoplifted children's videotapes in prison until 2046 and gave another man a life sentence for taking three golf clubs.

"No other state in the country would impose a punishment like this," Erwin Chemerinsky, the attorney for the man who stole $153 of videotapes, told the court.

The three-strikes law was passed in 1994 amid public furor over the kidnapping and murder of 12-year-old Polly Klaas. State officials said it gets career criminals off the streets. Opponents say it amounts to cruel and unusual punishment and is unconstitutional.

More than 7,100 inmates are serving third-strikes sentences, including about 350 who received life terms for petty offenses, officials have said.

"There comes a point when the state has a right to say enough is enough," Douglas Danzig, a deputy attorney general in California, told justices.

Justice Stephen Breyer said the crimes seemed minor, but noted: "We cannot convert this court into a sentencing commission. There has to be a way of deciding: Did they go too far?"

Leandro Andrade, a heroin addict, had burglary convictions when he was caught shoplifting nine videotapes, including Snow White and Cinderella. Under his three-strikes sentence, he'll be at least 87 when he gets out of prison.

Danzig told justices that Andrade was stealing to support his drug habit, not to have movies for his children to watch.

The other case justices reviewed is that of Gary Ewing, caught with three $400 golf clubs in his pants leg at a pro shop. Because of previous convictions for burglary and robbery, he was sentenced to life in prison with the possibility of parole after 25 years.

"Why can't the state say . . . it's time to get him off the street?" Chief Justice William H. Rehnquist asked Ewing's lawyer.

But Justice John Paul Stevens questioned whether states could also give long prison sentences to people who repeatedly break traffic laws.

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