Cruel and Unusual Punishment Challenge...

Cruel and Unusual Punishment

Earlier this month, the Kansas Court of Appeals considered whether a mandatory minimum sentence of 25 years constituted cruel and unusual punishment and a violation of the Constitution’s Eighth Amendment.  State v. Frost, 106,375, 2012 WL 5489396, at *2 (Kan. Ct. App. Nov. 9, 2012).   Ultimately, the court affirmed the Sedgwick District Court, refusing to overturn the defendant’s conviction of aggravated indecent liberties with a child and sentence to life imprisonment with a mandatory minimum term of 25 years.  Id.

After pleading guilty to aggravated indecent liberties with a child, the trail court sentenced defendant Kevin Frost to a “hard 25,” life imprisonment with a mandatory minimum term of 25 years. Id.  On appeal, Frost argued that “his sentence constitut[ed] cruel and unusual punishment under the United States Constitution.”  Id.  Specifically, Frost’s challenged the statutory requirement, leading to his sentence, “where the court implements the proportionality standard by certain categorical restrictions.”  Id.  The court reasoned that the sentence is not unconstitutional and is justified “because the accepted penological goals of retribution, deterrence, incapacitation, and rehabilitation are met.”  Id. at 8. 

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