Is a sentence that is grossly disproportionate to the crime a cruel or unusual punishment for the purposes of the Eighth Amendment?

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

Page 11

conscience and offends fundamental notions of human dignity. (Ibid.)

Other Questions


What is the test for a sentence that violates the Eighth Amendment against cruel and unusual punishment? (California, United States of America)
What is the test for a sentence that violates the Eighth Amendment against cruel and unusual punishment? (California, United States of America)
Is a defendant's claim that his sentence under the Eighth Amendment is disproportionate to the crime? (California, United States of America)
What is crucial" for the Eighth Amendment's cruel and unusual punishments clause? (California, United States of America)
Does Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)
Does the death penalty constitute cruel unusual punishment under the Eighth Amendment? (California, United States of America)
What is the case law on the Eighth Amendment ban on cruel and unusual punishment? (California, United States of America)
Does the Federal Constitution or the Eighth Amendment prohibit cruel and unusual punishment? (California, United States of America)
What is the case law on the Eighth Amendment ban on cruel and unusual punishment? (California, United States of America)
Does the cruel and unusual punishments clause in the Eighth Amendment apply to the death penalty? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.