What is the test for cruel and unusual punishment for a juvenile offender for a non-homicide crime?

California, United States of America


The following excerpt is from People v. Diaz, E055382 (Cal. App. 2014):

"[S]entencing a juvenile offender for a nonhomicide offense to a term of years with a parole eligibility date that falls outside the juvenile offender's natural life expectancy constitutes cruel and unusual punishment in violation of the Eighth Amendment. Although [parole] authorities may later determine that [the offenders] should remain incarcerated for their natural lives, the state may not deprive them at sentencing of a meaningful opportunity to demonstrate their rehabilitation and fitness to reenter society in the future." (People v. Caballero (2012) 55 Cal.4th 262, 268; see also Graham v. Florida (2010) 560 U.S. 48, 75.)

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