What is the test for proportionality under the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Cooper, 43 Cal.App.4th 815, 51 Cal.Rptr.2d 106 (Cal. App. 1996):
"... [A] court's proportionality analysis under the Eighth Amendment should be guided by objective criteria, including (i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions." (Solem v. Helm, supra, 463 U.S. at p. 292, 103 S.Ct. at p. 3010.)
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