Does the cruel and unusual punishments clause in the Eighth Amendment apply to the death penalty?
California, United States of America
The following excerpt is from People v. Mickle, 284 Cal.Rptr. 511, 54 Cal.3d 140, 814 P.2d 290 (Cal. 1991):
Unlike the 1978 death penalty law, which requires the imposition of a penalty that is proportionate to the defendant's personal moral culpability, the cruel and unusual punishments clause of the Eighth Amendment merely prohibits the imposition of a penalty that is disproportionate thereto (People v. Marshall (1990) 50 Cal.3d 907, 938, 269 Cal.Rptr. 269, 790 P.2d 676).
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