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.
For More Information Please Contact:
Erickson Scherff, LLC
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Overland Park, KS 66210
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