What is the test for a claim under the Eighth Amendment of the United States Constitution against cruel and unusual punishment?
California, United States of America
The following excerpt is from People v. Prado, B224378 (Cal. App. 2012):
The Eighth Amendment to the United States Constitution prohibits "cruel and unusual punishments." It applies to the states through the Fourteenth Amendment and "'contains a "narrow proportionality principle" that "applies to noncapital sentences."'" (Ewing v. California (2003) 538 U.S. 11, 20.) As with claims under the state
Page 40
Constitution, among the factors a court may consider in determining whether a sentence violates the federal constitutional guarantee against cruel and unusual punishment is "the gravity of the offense and the harshness of the penalty." (Solem v. Helm (1983) 463 U.S. 277, 292.) "Outside the context of capital punishment, successful challenges to the proportionality of particular sentences [under the federal Constitution] will be exceedingly rare." (Rummell v. Estelle (1980) 445 U.S. 263, 272.)
"The most advanced legal research software ever built."
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.
