What is the test to determine whether a sentence is grossly disproportionate?
California, United States of America
The following excerpt is from People v. Zanetti, D069069 (Cal. App. 2016):
To determine whether a particular sentence is so grossly disproportionate that it violates the federal Constitution, the court considers all the circumstances of the case, including the gravity of the offense and the severity of the penalty as well as whether more serious crimes are subject to the same penalty in other jurisdictions. (Solem v.
Page 18
"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.
Other Questions
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a sentence is grossly disproportionate to the crime? (California, United States of America)
What is the test for determining whether a sentence is grossly disproportionate to the severity of the crime? (California, United States of America)
Does a court have to decide whether to sentence an indeterminate life sentence and a determinate sentence? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
What factors are relevant to determining whether a sentence is so disproportionate that it violates the Eighth Amendment? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
What is the test for determining whether a defendant's death sentence is disproportionate to his individual culpability and moral guilt? (California, United States of America)
What is the test for determining whether a defendant is entitled to a disproportionate sentence? (California, United States of America)
