What is the test for a claim of cruel and unusual punishment under the Eighth Amendment?

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.)

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