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 … Read entire article »