Is a life sentence consistent with state law cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Gutierrez, 147 Cal.Rptr.3d 249 (Cal. App. 2012):

Nor has appellant shown that the LWOP sentence is so grossly disproportionate to the crime " ... that it shocks the conscience and offends fundamental notions of human dignity, thereby violating the prohibition against cruel and unusual punishment of the Eighth Amendment of the federal Constitution or against cruel or unusual punishment of article I, section 17 of the California Constitution [Citations.]" ( People v. Cunningham, supra, 25 Cal.4th at p. 1042, 108 Cal.Rptr.2d 291, 25 P.3d 519.) Under the Eighth Amendment, a life sentence consistent with state law is unconstitutional only in that " rare case in which a threshold comparison of the crime committed and the sentence imposed leads to an inference of gross, disproportionality. [Citation.]" ( Ewing v. California (2003) 538 U.S. 11, 30, 123 S.Ct. 1179, 1190, 155 L.Ed.2d 108, 123.) That is not the case here.

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