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Proportionality

The principle of proportionality is based on the fundamental foundation of balance and fairness in the legislation, interpretation, and application of law. As it relates to criminal law, the principle of proportionality holds that a sanction or punishment imposed on one found guilty of committing an offense must be proportionate to the seriousness of the offense. Stated otherwise, the punishment must fit the crime. The principle of proportionality has particular applicability to the administration of criminal justice considering that the terms justice and proportionality both infer fairness, a goal that is not always realized. Disparities within the U.S. criminal justice system exist when two offenders who commit the same offense receive different sentences, thus raising many ethical concerns about proportionality in justice.

Historical Origins of Proportionality

Dating back to the philosophical writings of Aristotle, the principle of proportionality has been applied in common law, civil law, criminal law, military law, and a host of other venues. The historical and philosophical evolution of proportionality has over time been refined from Aristotle's advocacy of justice toward one of achieving the right balance, proportion, or ratio between two parties. The Code of Hammurabi, influenced by uncodified laws and practices, gave prominence to the retributive principle of lex talionis (an eye for an eye), which, too, was based on the principle of proportionality.

Conceptually, and later in practice, the principle of proportionality was applied in the use of self-defense. It was argued that there are conditions that must exist for the use of force to be just, and that the use of force, when necessary, must not be excessive; rather, it must be proportionate to the use of force to which it is responding. In 1215, the principle of proportionality was incorporated into England's Magna Carta, which 200 years later, served as the philosophical template for the U.S. Constitution, in which the principle of proportionality underscored the rights of citizens to be protected from cruel and unusual punishment as stated within the Eighth Amendment.

Proportionality and Case Law

A landmark case that addressed the principle of proportionality as it related to the Eighth Amendment's protection against cruel and unusual punishment was Solem v. Helm (1983). The case involved a defendant who was sentenced to life in prison for issuing a bad check in the amount of $100, a crime that carried a maximum sentence of five years in prison. Notwithstanding that the defendant had six prior convictions the court overruled the sentence citing the principle of proportionality. It held that when the framers of the Constitution addressed the matter of cruel and unusual punishment in the Eighth Amendment, the principle of proportionality was implicit. The court further held that the analysis of proportionality should be guided by objective criteria, namely (1) the gravity of the offense and the harshness of the penalty; (2) the sentences imposed on other criminals in the same jurisdiction, that is, whether more serious crimes are subject to the same penalty or to less serious penalties; and (3) the sentences imposed for commission of the same crime in other jurisdictions. Other notable cases that address the principle of proportionality have included Tison v. Arizona (1987), Pulley v. Harris (1984), Enmund v. Florida (1982), and Coker v. Georgia (1977).

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