How does the Eighth Amendment apply when a sentence is too lenient?

California, United States of America


The following excerpt is from People v. Zamora, D059455 (Cal. App. 2012):

Case law has established three criteria which are relevant to an Eighth Amendment analysis of any sentence: "(i) the gravity of the offense and the harshness of the penalty; (ii) the sentence imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions. (Solem v. Helm (1983) 463 U.S. 277, 292.)

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