What is the test for a cruel or unusual sentence in a criminal case?

Article I, section 17 of the California Constitution prohibits the state from imposing "[c]ruel or unusual punishment." Even if the statutorily authorized punishment for a criminal offense is not unconstitutional when viewed in the abstract, the sentence imposed on a defendant convicted of that offense may nonetheless be "cruel or unusual." (People v. Dillon (1983) 34 Cal.3d 441, 479, 194 Cal.Rptr. 390, 668 P.2d 697.)

To determine whether a sentence is cruel or unusual as applied to a particular defendant, a reviewing court must examine the circumstances of the offense, including its motive, the extent of the defendant's involvement in the crime, the manner in which the crime was committed, and the consequences of the defendant's acts. The court must also consider the personal characteristics of the defendant, including his or her age, prior criminality, and mental capabilities. (People v. Dillon, supra, 34 Cal.3d at p. 479, 194 Cal.Rptr. 390, 668 P.2d 697.) If the court concludes that the penalty imposed is "grossly disproportionate to the defendant's individual culpability" (ibid.), or, stated another way, that the punishment " ' "shocks the conscience and offends fundamental notions of human dignity" ' " (People v. Cox (1991) 53 Cal.3d 618, 690, 280 Cal.Rptr. 692, 809 P.2d 351), the court must invalidate the sentence as unconstitutional.