What factors are relevant to determining whether a sentence is so disproportionate that it violates the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Vigeant, B241378 (Cal. App. 2013):
Under the federal Constitution, "three factors may be relevant to a determination of whether a sentence is so disproportionate that it violates the Eighth Amendment: '(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions.'" (Ewing v. California (2003) 538 U.S. 11, 22.)
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