Gross disproportionality

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Gross disproportionality is when a penalty is so severe compared to the crime committed as to be cruel and unusual punishment. Such cases are "hen's-teeth rare".[1] Nonetheless, some judges have attempted to claim that child pornography penalties fall into this category.[2]

References

  1. ↑ https://www.courtlistener.com/opinion/203551/united-states-v-polk/
  2. ↑ https://www.abajournal.com/news/article/child-porn_mandatory_sentence_is_unjust_for_youth_us_judge_says_in_response
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