What is the test for a claim of cruel and unusual punishment?

In assessing a claim of cruel and unusual punishment, the court must decide whether the penalty given is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity,' thereby violating the prohibition against cruel and unusual punishment of the Eighth Amendment of the federal Constitution or against cruel or unusual punishment of article I, section 17 of the California Constitution. (People v. Cunningham (2001) 25 Cal.4th 926, 1042, italics added.) Although articulated slightly differently, both standards prohibit punishment that is grossly disproportionate' to the crime or the individual culpability of the defendant. [Citations.] Under both standards, the court examines the nature of the offense and the defendant, the punishment for more serious offenses within the jurisdiction, and the punishment for similar offenses in other jurisdictions. (People v. Mendez (2010) 188 Cal.App.4th 47, 64 (Mendez).)