What is the current state of the law in relation to sentencing of "grossly disproportionate" offenders?
California, United States of America
The following excerpt is from People v. Mendez, D057395, Super. Ct. No. SCD199049 (Cal. App. 2011):
criminals." (Id. at p. 290, fn. omitted.) The high court has explained that "[t]he Eighth Amendment does not require strict proportionality between crime and sentence. Rather, it forbids only extreme sentences that are 'grossly disproportionate' to the crime." (Harmelin v. Michigan, supra, 501 U.S. at p. 1001.)
2. Analysis
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