What is the current state of the law on "cruel and unusual punishments" under the Eighth Amendment of the United States?
California, United States of America
The following excerpt is from People v. Garrett, C067436, C069886 (Cal. App. 2017):
The Eighth Amendment to the United States Constitution prohibits "cruel and unusual punishments" and "contains a 'narrow proportionality principle' that 'applies to noncapital sentences.'" (Ewing v. California (2003) 538 U.S. 11, 20 [123 S.Ct. 1179, 155 L.Ed.2d 108] quoting Harmelin v. Michigan (1991) 501 U.S. 957, 996-997 [111
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