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Ewing v. California

5-4

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The Role of Deterrence in California's Three Strikes Law

O'Connor: California's three strikes law reflects a shift in the state's sentencing policies towards incapacitating and deterring repeat offenders who threaten public safety. Scalia will say basically that incapacitation and deterrence are both reasons, constitutionally permitted reasons for the state to punish someone. "I hate criminal justice debates to some degree because it's like fucking obviously we have like the worst system in the history," O'Connor says.

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