How has the Court considered the proportionality of a sentence in the context of the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Lopez, F068446 (Cal. App. 2015):
Cal.4th 875, 887.) To the extent defendant's argument impliedly challenges the proportionality of his sentence, we note the Eighth Amendment also contains a narrow proportionality principle reserved for extreme sentences that are grossly disproportionate to the offenses committed by the defendant. (Ewing v. California (2003) 538 U.S. 11, 20.)
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