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

California, United States of America


The following excerpt is from People v. Contreras, 229 Cal.Rptr.3d 249, 4 Cal.5th 349, 411 P.3d 445 (Cal. 2018):

The Eighth Amendment ban on cruel and unusual punishment "flows from the basic ' "precept of justice that punishment for crime should be graduated and proportioned to [the] offense. [Citation.]" ' " ( Roper v. Simmons (2005) 543 U.S. 551, 560, 125 S.Ct. 1183, 161 L.Ed.2d 1 ( Roper ).) "By protecting even those convicted of heinous crimes, the Eighth Amendment reaffirms the duty of the government to respect the dignity of all persons." ( Ibid . ; see Robinson v. California (1962) 370 U.S. 660, 667, 82 S.Ct. 1417, 8 L.Ed.2d 758 [Eighth Amendment applies to the states].)

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