Fred Was Arrested for Grand Theft Auto

Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his record.

A) Fred may also appeal his sentence on Sixth Amendment grounds. To determine whether a sentence constitutes cruel and unusual punishment, the appellate court will use a ______ test. ​
B) balancing
C) scales of justice
D) proportionality
E) moderation