Case law · Highest court · Federal

Solem v. Helm

Decided
June 28, 1983
Docket
82-492
Status
Published
Jurisdiction
Federal

Cited 4,242 timesSuperseded by statute (verified)Possible negative treatment: superseded by statute, overruled in part, overruled, overruled on other grounds, overruled in part on other grounds, abrogated (1 of 42 verified; none is a verified overruling) · United States v. Pedro Ramirez-De Rosas

What later courts said

  • recognizing that “[t]he final clause [of the Eighth Amendment] prohibits not only barbaric punishments, but also sentences that are disproportionate to the crime committed” — Moore v. State (2001)
  • holding that defendant’s Eighth Amendment right was violated where defendant received the “penultimate sentence” for a minor, check writing offense — United States v. Juvenile Male (2012)
  • holding that the Eighth Amendment prohibits sentences that are “grossly disproportionate and excessive punishment” in relation to the offense — Beverati v. Smith (1997)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

Justice Powell delivered the opinion of the Court.

The issue presented is whether the Eighth Amendment proscribes a life sentence without possibility of parole for a seventh nonviolent felony.

I

Statutes cited

Cite this

Solem v. Helm, 463 U.S. 277 (1983)

Read the full opinion

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