California, United States of America
The following excerpt is from People v. Angelo M. (In re Angelo M.), A151473 (Cal. App. 2018):
"The Eighth Amendment prohibition on cruel and unusual punishment 'guarantees individuals the right not to be subjected to excessive sanctions.' " (People v. Franklin (2016) 63 Cal.4th 261, 273.) In evaluating a claim of excessive sanctions, "[a] reviewing court determines whether a particular penalty given ' "is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity." ' " (People v. Cole (2004) 33 Cal.4th 1158, 1235.) The analysis requires a three-pronged approach, under which a court (1) evaluates " 'the nature of the offense and/or the offender, with particular regard to the degree of danger both present to society,' " (2) "compare[s] the challenged punishment with punishments prescribed for more serious crimes in [its] jurisdiction," and (3) "compare[s] the challenged punishment to punishments for the same offense in other jurisdictions." (People v. Johnson (2010) 183 Cal.App.4th 253, 296-297.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.