Does the Eighth Amendment prohibit cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Chavez, C081677 (Cal. App. 2018):

The Eighth Amendment to the United States Constitution proscribes "cruel and unusual punishment" and "contains a 'narrow proportionality principle' that 'applies to noncapital sentences.' [Citation.]" (Ewing v. California (2003) 538 U.S. 11, 20, italics added [155 L.Ed.2d 108]; Lockyer v. Andrade (2003) 538 U.S. 63, 72 [155 L.Ed.2d 144].) While this proportionality principle " 'does not require strict proportionality

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