Is a defendant's sentence disproportionate to his culpability because he was at most a passive participant in his wife's illegal activities?

California, United States of America


The following excerpt is from People v. Zamora, 230 Cal.App.3d 1627, 282 Cal.Rptr. 100 (Cal. App. 1991):

Defendant contends his sentence is disproportionate to his culpability because he was at most a passive participant in his wife's illegal activities. Relying on People v. Dillon (1983) 34 Cal.3d 441, 194 Cal.Rptr. 390, 668 P.2d 697, defendant contends that, under the circumstances, his four-year, eight-month sentence constitutes cruel and unusual punishment. Although framed and presented as a constitutional issue, the essence [230 Cal.App.3d 1635] of defendant's argument is contained in the following passage from his opening brief:

Other Questions


Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
Does a sentence for active participation in a criminal street gang run concurrent with the sentence for a murder conviction? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
What is the test for determining whether a defendant's death sentence is disproportionate to his individual culpability and moral guilt? (California, United States of America)
Is a defendant required to carry out a "considerable burden" to convince the Court that his sentence was disproportionate to his own culpability? (California, United States of America)
What is the "considerable burden" of a defendant to prove his sentence is disproportionate to his level of culpability? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Is a member of a street gang who actively participates in any criminal street gang with knowledge that its members engage in criminal gang activity liable for criminal activity? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.