What is the test for invalidating a sentence that is grossly disproportionate to the individual culpability?
California, United States of America
The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):
If the court concludes that the penalty imposed is grossly disproportionate to the defendant's individual culpability [citation], or, stated another way, that the punishment shocks the conscience and offends fundamental notions of human dignity [citation], the court must invalidate the sentence as unconstitutional.' [Citation.] ( People v. Leonard, supra, 40 Cal.4th at pp. 1426-1427, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
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