What is the test for a claim that a sentence is so disproportionate to the crime as to constitute cruel and unusual punishment?
MultiRegion, United States of America
The following excerpt is from Pate v. Ylst, 952 F.2d 1399 (9th Cir. 1992):
The standard for assessing a claim that a sentence is so disproportionate to the crime as to constitute cruel and unusual punishment is set out in Solem v. Helm, 463 U.S. 277 (1983). The proportionality inquiry is guided by objective criteria including (a) the gravity of the crime and the penalty given for it, (b) sentences imposed on other criminals in the jurisdiction and (c) the sentence imposed for the same crime in other jurisdictions. Id. at 290-92.
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