California, United States of America
The following excerpt is from People v. Mendoza, 198 Cal.Rptr.3d 445, 365 P.3d 297, 62 Cal.4th 856 (Cal. 2016):
as applied to a particular defendant, a reviewing court must examine the circumstances of the offense, including motive, the extent of the defendant's involvement in the crime, the manner in which the crime was committed, and the consequences of the defendant's acts. The court must also consider the personal characteristics of the defendant, including ... age, prior criminality, and mental capabilities. [Citation.] If the penalty imposed is grossly disproportionate to the defendant's individual culpability [citation], so that the punishment " shocks the conscience and offends fundamental notions of human dignity " ' [citation], the court must invalidate the sentence as unconstitutional." (People v. Lucero (2000) 23 Cal.4th 692, 739740, 97 Cal.Rptr.2d 871, 3 P.3d 248 (Lucero ).)
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