What is the test for excessive punishment in a criminal case?
MultiRegion, United States of America
The following excerpt is from Campbell v. Wood, 18 F.3d 662 (9th Cir. 1994):
11 Cf. Gregg, 428 U.S. at 173, 96 S.Ct. at 2925 (consideration of the excessiveness of a form of punishment has two aspects: "First, the punishment must not involve the unnecessary and wanton infliction of pain. Second, the punishment must not be grossly out of proportion to the severity of the crime." (Citations omitted.)); see also Weems v. United States, 217 U.S. 349, 373-74, 30 S.Ct. 544, 551-52, 54 L.Ed. 793 (1910).
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