Solem v. Helm

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1983 United States Supreme Court case

Solem v. Helm, 463 U.S. 277 (1983), was a United States Supreme Court case concerned with the scope of the Eighth Amendment protection from cruel and unusual punishment. Mr. Helm, who had written a check from a fictitious account and had reached his seventh nonviolent felony conviction since 1964, received a mandatory sentence, under South Dakota law at that time, to life in prison with no parole . Petitioner Mr. Solem was the warden of the South Dakota State Penitentiary at the time.

The Court overturned the sentence on the grounds that it was "cruel and unusual". Justice Powell wrote for the five-member majority, while Chief Justice Burger wrote for the four-member dissent. Justice Powell reasoned that Helm had "received the penultimate sentence for relatively minor criminal conduct." Chief Justice Burger's concerns reflected his strict constructionist attitude: "Suppose several states punish severely a crime that the Court views as trivial or petty? I can see no limiting principle in the Court's holding."

The language of the opinion, however, refrained from striking down state statutes setting minimum sentencing guidelines for recidivism . The majority opinion only called for exceptions to the statutes protecting the constitutional freedom from cruel and unusual punishment.

In addition, the Court sought to use this particular case to clarify the Proportionality Doctrine previously proposed in _Enmund v. Florida _ (1982) by setting precise guidelines for deciding whether a punishment is proportional to the specific crime committed. The Court ruled that all courts must do three things to decide whether a sentence is proportional to a specific crime:

1. Compare the nature and gravity of the offense and the harshness of the penalty,
2. Compare the sentences imposed on other criminals in the same jurisdiction ; i.e., whether more serious crimes are subject to the same penalty or to less serious penalties, and
3. Compare the sentences imposed for commission of the same crime in other jurisdictions.

See also

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• List of United States Supreme Court cases, volume 463

References

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1. ↑ "FindLaw's United States Supreme Court case and opinions" .
2. ↑ "LexisNexis® Litigation Essentials - Error" .

Further reading

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• Aked, Jonathan C. (1984). "Solem v. Helm: The Supreme Court Extends the Proportionality Requirement to Sentences of Imprisonment Note" . _Wisconsin Law Review _. 1984 (5): 1401–1430. Retrieved June 27, 2025.
• Bentley, Mary K. (1983–1984). "Solem v. Helm: Proportionality Review of Recidivist Sentencing Is Required by the Eighth Amendment Note" . _DePaul Law Review _. 33 (1): 149–182. Retrieved June 27, 2025.
• Bose, Arup K. (1984). "A Reconsideration of Proportionality in Sentencing Procedures: Solem v. Helm The United States Supreme Court Review" . _Ohio Northern University Law Review _. 11 (2): 429–438. Retrieved June 27, 2025.
• Broman, Russell K. (1983–1984). "Constitutional Law - Eighth Amendment - Cruel and Unusual Punishment - Criminal Law - Proportionality Review in Non-Capital Sentencing Recent Decision" . _Duquesne Law Review _. 22 (4): 1069–1084. Retrieved June 27, 2025.
• Campbell-Eaton, Maja (1983–1984). "Solem v. Helm: Extension of Eight Amendment Proportionality Review to Noncapital Punishment Comments" . _Iowa Law Review _. 69 (3): 775–794. Retrieved June 27, 2025.
• Hecht, Karen Juster (1984–1985). "Proportionality in Sentencing: Solem v. Helm Notes and Comments" . _Southwestern University Law Review _. 15 (1): 123–154. Retrieved June 27, 2025.
• Keir, Nancy (1983–1984). "Solem v. Helm: Extending Judicial Review under the Cruel and Unusual Punishments Clause to Require Proportionality of Prison Sentences Note" . _Catholic University Law Review _. 33 (2): 479–516. Retrieved June 27, 2025.
• Legum, Barton C. (1983–1984). "Down the Road toward Human Decency: Eighth Amendment Proportionality Analysis and Solem v. Helm Case Comment" . _Georgia Law Review _. 18 (1): 109–136. Retrieved June 27, 2025.
• Millen, Pressly (1984). "Interpretation of the Eighth Amendment - Rummel, Solem, and the Venerable Case of Weems v. United States Notes" . _Duke Law Journal _. 1984 (4): 789–804. Retrieved June 27, 2025.
• Olsen, Craig J. (1985). "The Requirement of Proportionality in Criminal Sentencing: Solem v. Helm Case Comment" . _New England Journal on Criminal and Civil Confinement _. 11 (1): 238–260. Retrieved June 27, 2025.
• Orenstein, Sylvia (1983–1984). "Criminal Procedure - Sentencing - Objective Criteria Must Be Used in Evaluating Proportionality of Sentence Note" . _Seton Hall Law Review _. 14 (4): 1004–1033. Retrieved June 27, 2025.
• Ott, Thomas Patrick (1987–1988). "Constitutional Criminal Law - Sentencing - Mandatory Sentencing Statute Requiring Life Imprisionment without Parole for Habitual Offenders of Violent Crimes Satisfies the Eighth Amendment's Proportionality Principle When Applied to a Fourth Conviction of Daytime Housebreaking - State v. Davis Casenote" . _University of Baltimore Law Review _. 17 (3): 572–586. Retrieved June 27, 2025.
• Page, J. Drew (1989). "Cruel and Unusual Punishment and Sodomy Statutes: The Breakdown of the Solem v. Helm Test Comments" . _University of Chicago Law Review _. 56 (1): 367–396. Retrieved June 27, 2025.
• Quattlebaum, Steven (1982–1983). "Helm v. Solem: Can a Prison Sentence Constitute Cruel and Unusual Punishment Casenote" . _Arkansas Law Review _. 36 (4): 673–687. Retrieved June 27, 2025.
• Roy, Therese M. (1984–1985). "Solem v. Helm: The Courts' Continued Struggle to Define Cruel and Unusual Punishment Notes" . _California Western Law Review _. 21 (3): 590–612. Retrieved June 27, 2025.

External links

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• Text of Solem v. Helm, 463 U.S. 277 (1983) is available from: Findlaw Internet Archive (docket files) Justia Library of Congress Oyez (oral argument audio)

United States Eighth Amendment case law

Cruel and unusual punishment

Excessive bail and fines

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