What is the test for a sentence that violates the state constitutional ban on cruel or unusual punishment?

California, United States of America


The following excerpt is from People v. Charles, F078782 (Cal. App. 2021):

"A sentence may violate the state constitutional ban on cruel [or] unusual punishment [citation] if ' ". . . it is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity." ' [Citation.]" (People v. Thongvilay (1998) 62 Cal.App.4th 71, 87-88.) "In order to determine whether a particular punishment is disproportionate to the offense for which it is imposed, we conduct a three-pronged analysis. [Citations.] First, we examine the nature of the offense and/or the offender, with particular regard to the degree of danger both present to society. A look at the nature of the offense includes a look at the totality of the circumstances, including motive, the way the crime was committed, the extent of the defendant's involvement, and the consequences of defendant's acts. A look at the nature of the offender includes an inquiry into whether 'the punishment is grossly disproportionate to the defendant's individual culpability as shown by such factors as his age, prior criminality, personal characteristics, and state of mind.' [Citation.] Next, we compare the challenged punishment with the punishment prescribed for more serious crimes in the same jurisdiction. And finally, the challenged punishment is compared with

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