Disproportionate Sentences

While neither the Eighth Amendment to the United States Constitution, nor Article II, Section 22 of the Montana Constitution, contains explicit prohibitions against disproportionate sentences, the United States Supreme Court has held that the cruel and unusual punishment clause of the Eight Amendment bans sentences that are grossly disproportionate to the crime for which the defendant is convicted. The general rule in Montana is that a sentence that is within the statutory maximum guidelines does not violate the prohibition against cruel and unusual punishment. This Court has recognized an exception to the general rule when a sentence is so disproportionate to the crime that it shocks the conscience and outrages the moral sense of the community or of justice. The defendant bears the burden of proving his sentence falls within this exception. State v. Rickman, 2008 MT 142, ΒΆ 15, 343 Mont. 120, 183 P.3d 49.