To determine if a punishment is excessive, the Court assesses both societal attitudes and the principle of proportionality between the nature of the offense and the severity of the punishment. The Court may examine legislative actions, sentencing practices across various jurisdictions, and historical perspective on the punishment for similar offenses.
For example: if society’s views have evolved to consider certain punishments unacceptable for a type of offense, this societal change would weigh against such penalties being constitutionally permissible.