California, United States of America
The following excerpt is from People v. Barragan, 2d Crim. No. B290731 (Cal. App. 2019):
In reviewing a cruel and unusual punishment claim, we examine whether a punishment is grossly disproportionate to the crime for Eighth Amendment purposes. (People v. Johnson, supra, 221 Cal.App.4th 623, 636.) For purposes of the California Constitution, a sentence is cruel or unusual if it is so disproportionate to the crime committed that it shocks the
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conscience and offends fundamental notions of human dignity. (Ibid.)
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