What is the difference between the Eighth Amendment of the United States and the California Constitution on cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Hargis, Consolidated Cases No. F067352, Consolidated Cases No. F068398, F067598 (Cal. App. 2015):

"The Eighth Amendment to the United States Constitution applies to the states. [Citation.] It prohibits the infliction of 'cruel and unusual' punishment. [Citation.] Article I, section 17 of the California Constitution prohibits infliction of '[c]ruel or unusual' punishment.... The distinction in wording is 'purposeful and substantive rather than merely semantic. [Citations.]' [Citation.] As a result, we construe the state constitutional provision 'separately from its counterpart in the federal Constitution. [Citation.]' [Citation.] This does not make a difference from an analytic perspective, however [citation] .... The touchstone in each [provision] is gross disproportionality. [Citations.] Whether a punishment is cruel and/or unusual is a question of law subject to our independent review, but underlying disputed facts must be viewed in the light most favorable to the judgment. [Citations.]" (People v. Palafox (2014) 231 Cal.App.4th 68, 82-83.)

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