Hope Egie
POSC 415. M01 – American Constitutional Law
1 November 2021
Trials and Punishments
The Eighth Amendment is a constitutional limit that bans cruel and unusual punishment
and it also applies to sentences that are “disproportionate to the crime committed” meaning the
sentences should not be extreme in comparison to the crim committed. In Solem v. Helm (1983),
the Court concluded that there were three factors it would consider to determine whether a sentence
is disproportionate and it violates the Eighth Amendment: (i) the gravity of the offense and the
harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction;
(iii) the sentences imposed for commission of the same crime in other jurisdictions (Epstein 2019).
The Court today still remains divided on the topic of cruel and unusual punishment but since the
