Does the penalty of loss of citizenship violate the Eighth Amendment?

California, United States of America


The following excerpt is from Lynch, In re, 105 Cal.Rptr. 217, 503 P.2d 921, 8 Cal.3d 410 (Cal. 1972):

11 In Trop v. Dulles (1958) supra, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 630, the court invalidated the penalty of loss of citizenship for wartime desertion, making it clear that a method of punishment may violate the Eighth Amendment even though it results in no physical torture. (Id. at p. 101, 78 S.Ct. 590, plurality opinion of Warren, C.J.) Although excessiveness was not there in issue (Id. at p. 99, 78 S.Ct. 590), the principle of proportionality was recognized in the statement that 'Fines, imprisonment or even execution may be imposed Depending upon the enormity of the crime' (Italics added; Id. at p. 100, 78 S.Ct. at p. 598).

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