What is the effect of the Eighth Amendment on sentences that are grossly disproportionate?
California, United States of America
The following excerpt is from People v. Velarde, E052415, Super.Ct.No. FSB901460 (Cal. App. 2012):
The Eighth Amendment "prohibits imposition of a sentence that is grossly disproportionate to the severity of the crime." (Rummel v. Estelle (1980) 445 U.S. 263, 271 (Rummel).) But "[o]utside the context of capital punishment, successful challenges to the proportionality of particular sentences have been exceedingly rare." (Id. at p. 272.)
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