Proportionality of Punishment

Question 1

Requirement of Proportionality

Answer 1

General principle of criminal law that punishment should be proportional to offense committed. Problem is in determining meaning of proportional.

Question 2

8th Amendment – “Cruel and unusual punishment” Clause

Answer 2

SCOTUS – Determined that cruel and unusual includes punishments that are grossly disproportionate or excessive when compared to the crime committed. The 8th amendment does not require strict proportionality between the crime and sentence, but rather, it only prohibits extreme sentences that are grossly disproportionate to the crime.

Question 3

Test for Disproportionality:

Rule – A punishment is excessive and unconstitutional if it either:

Answer 3

(1) makes no measurable contribution to the acceptable goals of punishment (is nothing more than purposeless and needless imposition of pain and suffering) or
(2) is grossly out of proportion to the severity of the crime.

Test: “whether the form of punishment FITS the crime.”

Cases: Coker- raped a woman and was sentenced to death. Court held that rape was not comparable in moral depravity or injury to person or public to get death penalty; –> violates 8th amendment;

Question 4

Utilitarian’s Punishment Policy:

Answer 4

Punishment is proportional if it inflicts no more pain (to the criminal and cost to society) than is necessary to fulfill its deterrent goal. No more than necessary to prevent the crime.

Question 5

Retributivist’s Punishment Policy:

Answer 5

Punishment should be proportional to the harm caused, taking into consideration the actor’s culpability (blameworthiness) for the conduct. Ex. a murderer more than a robber and a negligent murder less than an intentional one. More concerned with improportionality than a utilitarian.