Miscellaneous Sentencing Issues

Cruel and Unusual Punishment for Juveniles Serving Life Terms. 

While this issue is not specific to gang cases, it can---as it did in Caballero and Mendez---arise where the offenses were gang related.

Consistent with Graham v. Florida
(2010) 560 U.S. 48,
the California Supreme Court held that "sentencing a juvenile offender for a nonhomicide
offense to a term of years with a parole eligibility date that falls outside the juvenile offender's natural life expectancy constitutes cruel and unusual punishment in violation of the Eighth Amendment." (People v. Caballero (2012) 55 Cal.4th 262, 268.)

See also
People v. Mendez (2010) 188 Cal.App.4th 47.



 
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