What is the case law on cruel and unusual punishment under the Eighth Amendment?

California, United States of America


The following excerpt is from People v. Sanders, A142875 (Cal. App. 2016):

Appellant argues his sentence of "834 years to life" amounts to cruel and unusual punishment under the Eighth Amendment of the United States Constitution and Coker v. Georgia (1977) 433 U.S. 584, 592 (Coker). Correctly observing it will be impossible for him to serve his minimum term before he dies, appellant argues his sentence is "nonsense" and amounts to a de facto sentence of life without the possibility of parole for which there is no statutory authority. Assuming the issue has not been forfeited by the failure to object on this ground at sentencing (People v. Russell (2010) 187 Cal.App.4th 981, 992-993), we reject appellant's claim on the merits.

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