How have the courts interpreted the Eighth Amendment and its prohibition against cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Bagsby, D058197, Super. Ct. No. FSB056642 (Cal. App. 2011):

Turning then to an examination of the Eighth Amendment and its prohibition against cruel and unusual punishment, we note that it has been determined that the Eighth Amendment prohibits states from imposing punishments that are grossly disproportionate to the severity of the crimes. (Ewing v. California (2003) 538 U.S. 11, 20-21.)

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