Cruel & Unusual Punishment Lawyer in CA

Under the evolving standards of decency test, it is not only the punishment that is considered but also the nature of the offense. To determine if a penalty is so severe it can be considered cruel and unusual punishment, the courts consider the penalties levied against other offenders convicted of similar crimes in the state, as well as the penalties for the same offense in different states. 

When there are crimes of a more serious nature than what the defendant is accused of and those offenses hold less severe sentences, the court will likely strike the sentence. A sentence may also be stricken when other states have less severe penalties for the same offense.

Still, it is important to note that a penalty is not automatically considered cruel and unusual punishment simply because it is severe. Under the Eighth Amendment, only grossly excessive penalties are prohibited. No set number of years in jail or prison is prohibited, and the death penalty is also not considered inherently cruel or unusual, even though California has not carried out any executions since March of 2019 when Governor Gavin Newsom ordered an official moratorium on capital punishment.

If you believe that you or someone you love was the victim of cruel and unusual punishment, you need sound legal advice. At Burris, Nisenbaum, Curry & Lacy, our California cruel and unusual punishment lawyers can advise you of your rights and help you hold the government accountable for its actions. Call us now at 510-839-5200 or contact us online to schedule a consultation and learn more about how we can help.