UNITED STATES CONSTITUTION - EIGHTH AMENDMENT
CONSTITUTIONAL PROPORTIONATE PUNISHMENT - INDIVIDUAL CULPABILITY

IF, IN 1978, THE CALIFORNIA PAROLE AUTHORITY * SET THE
CONSTITUTIONAL PROPORTIONATE PUNISHMENT FOR THE MURDER OF
CHARLIE BAKER AT ELEVEN (11) YEARS INCARCERATION ** AND A THREE
(3) YEAR PAROLE TERM TO SERVE FOR THE PERPETRATOR'S INDIVIDUAL
CULPABILITY [ACTUAL KILLER] OF CHARLIE BAKER; IS FORCING PETITIONER
BARKER TO SERVE THE CONSTITUTIONAL EXCESSIVE PUNISHMENT OF FORTY
FIVE (45) YEARS INCARCERATION [TO DATE WITH NO END IN SIGHT)
FOR HIS INDIVIDUAL CULPABILITY [ACCOMPLICE LIABILITY - AIDER &
ABETTOR) IN THE MURDER OF CHARLIE BAKER. A VIOLATION OF THE UNITED
STATES CONSTITUTIONAL EIGHTH AMENDMENT'S CONSTITUTIONAL
PROPORTIONATE PUNISHMENT WHICH REQUIRES *CRIMINAL CULPABILITY
MUST BE LIMITED TO HIS PARTICIPATION IN THE OFFENSE AND HIS
PUNISHMENT MUST BE TAILORED TO HIS PERSONAL RESPONSIBILITY. AS
HELD FUNDAMENTAL IN ENMUND v. FLORDIA. 458 U.S. 782, 801 (1982)

Whether forcing the petitioner to serve an excessive punishment of 45 years incarceration for his individual culpability as an accomplice, when the actual killer received only 11 years incarceration, violates the Eighth Amendment's requirement of proportionate punishment based on individual culpability