What is the test for determining whether a minimum sentence for possession of a small amount of marijuana is disproportionate to the offense and offender?

California, United States of America


The following excerpt is from Foss, In re, 10 Cal.3d 910, 112 Cal.Rptr. 649, 519 P.2d 1073 (Cal. 1974):

In addition, as pointed out above, also relevant to determining whether a sentence is disproportionate to the offense and offender, is a consideration of the penological purposes of the punishment imposed in light of the particular offense. In People v. Lorentzen, Supra, 194 N.W.2d 827, 834, the court struck down a mandatory 20 year minimum term for sale of marijuana, stating: 'A compulsory prison sentence of 20 years for a nonviolent crime imposed without consideration for defendant's individual personality and history is so excessive that it 'shocks the conscience. " The provision precluding consideration for parole for the minimum term of ten years without consideration for either the offender or his offense is no less shocking.

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