Does the Eighth Amendment (e.g. proportionality) apply to sentences for assault with intent to harm the mental health of the mentally ill?
California, United States of America
The following excerpt is from People v. Cervantes, G046036 (Cal. App. 2013):
heal." And, with respect to the nature of the offense, the Eighth Amendment does not require strict proportionality between crime and sentence. Rather, it forbids only extreme sentences that are grossly disproportionate to the crime. (Harmelin v. Michigan (1991) 501 U.S. 957, 995.)
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