What is the case law on cruel and unusual punishment under the Eighth Amendment of the California Penal Code?

California, United States of America


The following excerpt is from People v. Flores, B241025 (Cal. App. 2014):

Flores argues the sentence imposed constituted cruel and unusual punishment because he had no criminal record or gang affiliation, and he was employed at the time of his arrest. Even were this claim preserved for appellate review we would reject it. (People v. Vallejo (2013) 214 Cal.App.4th 1033, 1045.) "Under the Eighth Amendment of the federal Constitution, 'the courts examine whether a punishment is grossly disproportionate to the crime.' [Citation.] 'Under the California Constitution, a sentence is cruel or unusual if it is so disproportionate to the crime committed that it shocks the conscience and offends fundamental notions of human dignity.' [Citation.]" (Ibid.)

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