Nationwide Insanity

In determining whether a sentence is cruel and unusual punishment, courts often look to three factors: (1) the gravity of the offense and the harshness of the penalty, (2) the severity of the penalty as compared to penalties imposed for other criminal acts in the jurisdiction, and (3) the severity of the penalty as compared to penalties imposed for the same crime in other jurisdictions.

The first factor is fairly easy to satisfy, as many sentences are disproportionate to the crime. For instance, Arizona’s laws regarding personal possession of child pornography or so-called “dangerous” offenses often result in unbelievable sentences even though the crime may involve no real, identifiable victim.

The second factor is also easy to satisfy in most cases. Luckily, every kind of crime doesn’t get enough political attention to make our legislators create absurd mandatory prison sentences, so some crimes still carry reasonable penalties. It’s normally pretty easy to find a more serious crime in Arizona that carries a lesser penalty.

The third factor is the one that amuses me. Lawmakers love getting tough on crime, so what happens when every state loses its mind and gets ridiculously tough on something? Sure, the penalties might be “cruel,” but they won’t be “unusual.” Why not convince every state to pass a law castrating first-time child porn viewers? The third factor could never be satisfied (in this country at least), as cruel punishment would be the norm.