Is a sentence of life without possibility of parole a cruel and unusual punishment?

California, United States of America


The following excerpt is from People v. Ruiz, 44 Cal.App.4th 1653, 52 Cal.Rptr.2d 561 (Cal. App. 1996):

13 In addition to relying on the prohibition against cruel or unusual punishment found in article I, section 17 of the California Constitution, appellant cites the proscription against cruel and unusual punishment contained in the Eighth Amendment to the United States Constitution. As he analyzes the issue solely under state law, we will do the same. In any event, we see no basis for invalidating the sentence under the Eighth Amendment. (See Harmelin v. Michigan (1991) 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 [sentence of life without possibility of parole upheld for possession of 672 grams of cocaine].)

14 We will refer to subparts (i), (ii), and (iii) as options (i), (ii), and (iii), respectively.

* See footnote *, ante.

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