What is the test for imposing a disproportionate sentence on a convicted rapist?

California, United States of America

The following excerpt is from People v. Miller, B219922, Los Angeles County Super. Ct. No. MA041498 (Cal. App. 2011):

"Article I, section 17 of the California Constitution prohibits infliction of '[c]ruel or unusual punishment.' A sentence may violate this prohibition if ' "it is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity." ' [Citation.] [] . . . Defendant must overcome a 'considerable burden' to show the sentence is disproportionate to his level of culpability. [Citation.] Therefore, '[f]indings of disproportionality have occurred with exquisite rarity in the case law.' [Citation.]" (People v. Em (2009) 171 Cal.App.4th 964, 972 (Em), citations omitted.)

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What is the test for imposing a disproportionate sentence on a convicted rapist?

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