Is a defendant's claim that his sentence under the Eighth Amendment is disproportionate to the crime?
California, United States of America
The following excerpt is from People v. Rodriguez, E059968 (Cal. App. 2015):
Defendant's claim fares no better under the federal Constitution, which does not require strict proportionality between crime and punishment. "'Rather, [the Eighth Amendment] forbids only extreme sentences that are "grossly disproportionate" to the crime.'" (People v. Cartwright (1995) 39 Cal.App.4th 1123, 1135; see also Harmelin v. Michigan (1991) 501 U.S. 957, 1001.)
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