[tethis]

We just had a ruling a couple months ago, up here in Canada, that a 3-year mandatory minimum sentence involve possession of a loaded firearm was unconstitutional as it is considered "cruel and unusual punishment".

Is such a challenge possible in the USA?

[alexeisadeski3]

Nope.

The US justice system is simply insane, and I've no idea what will bring it back.

[davorak]

> Nope.

I am missing a legal nuance? It seems like a challenge along these lines is possible but unlikely to go very far.

[nknighthb]

The Supreme Court has upheld three strikes laws that put people in prison for life for low-value non-violent thefts. No number of years for a crime, no matter how minor, seems to be too much. The only challenges that succeed are challenges to unusual applications of the death penalty.

[alexeisadeski3]

It's possible in the sense that you can submit anything you want. It's not possible in the sense that it'll be dismissed out of hand.

[genwin]

Well 3 years of imprisonment and torture before an indictment isn't considered unconstitutional in the US, apparently (e.g. José Padilla). So we're a long way from Canada's state of enlightenment.