Ewing v. California

5-4

Prologue Projects

News Commentary, News, Government

4.6 • 3.2K Ratings

🗓️ 18 April 2023

⏱️ 59 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

The tension is palpable with the count tied at 3-2 … the defendant steps up to the plate and … OH! Swing and a miss! That's the third strike for our defendant which means the Court is going home with the win and the defendant is going to jail forever! Tax payers will also move down in the standings; they'll be footing the bill for senseless incarceration for 25 years to life. The 8th Amendment also takes a hit with this loss, moving down from "Constitutional law" to "that's just your opinion, man."

If you think this episode description is dumb, wait until you hear the rationale in the decision.

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5 to 4 is presented by Prologue Projects. Rachel Ward is our producer. Leon Neyfakh and Andrew Parsons provide editorial support. Our production manager is Percia Verlin. Our website was designed by Peter Murphy. Our artwork is by Teddy Blanks at Chips NY, and our theme song is by Spatial Relations.

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Transcript

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0:00.0	We'll hear argument now number 016978 Gary Albert Ewing versus California.
0:10.0	What's up guys, this is Leon from Fiasco and Prologue Projects.
0:13.7	On this week's episode of 5-4, Peter, Rianne and Michael are talking about Ewing V. California.
0:20.3	In this case, Ewing claimed that California's three strikes law violates the Eighth Amendment's
0:24.8	cruel and unusual clause.
0:27.0	Statewide, the majority of third strike charges have been for nonviolent and non-serious crimes.
0:33.3	The law allows prosecutors some discretion in their handling of such cases.
0:38.8	Prosecutors could either disregard prior convictions or file lesser charges, but in Los Angeles
0:44.9	they are vigorously enforcing the three strikes law.
0:48.3	The court rejected Ewing's Eighth Amendment claim and allowed the sentence of 25 years
0:52.6	to life to stand.
0:54.6	This is 5-4, a podcast about how much the Supreme Court sucks.
1:04.6	Welcome to 5-4, where we dissect and analyze the Supreme Court cases that have left our
1:09.5	liberties frayed and fading, like a set of Nazi linens at a billionaire's dinner party.
1:14.8	I'm Peter.
1:18.8	I'm here with Michael.
1:21.5	Hey everybody.
1:22.4	And Rianne.
1:23.3	Not so shiny anymore, huh?
1:25.8	Once again, we are behind the news cycle, but we've probably gone long enough without mentioning
1:32.3	the controversies swirling around Clarence Thomas, who A appears to have not disclosed
1:43.2	some gifts from his billionaire friend.
	...

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