in 1972 for obtaining money under false pretenses; ¹⁴ a fifth conviction in 1973 for grand larceny;¹⁵ and a sixth conviction in 1975 for third-offense driving while intoxicated. Id. at 279- 80. In 1979, when Helm was convicted of his seventh felony for uttering a "no account" check for $100, the county prosecutor sought a life sentence under the state's recidivist statute. Id. at 281. Ordinarily, the maximum punishment for this felony would have been five years in the state penitentiary and a $5,000 fine, but under South Dakota's recidivist statute, Helm was sentenced to life in prison without the possibility of parole. Id.

The Court held that proportionality analysis under the Eighth Amendment applied to terms of imprisonment just as it applied to capital sentences and fines, although it noted that successful challenges to the former would be " `exceedingly rare.' " Id. at 289-90 (citing Rummel, 445 U.S. at 272). The Court emphasized that legislatures' "broad authority" to determine appropriate punishments was entitled to"substantial deference." Id. at 290. At the same time, no penalty was per se constitutional under the Eighth Amendment. Id. The Court stated that "no single criterion can identify when a sentence is so grossly disproportionate that it violates the Eighth Amendment." Id. at 291 n.17. Instead, it established three objective criteria to guide proportionality analysis under the Eighth Amendment: "(i) the gravity of the offense and the harshness of the penalty; (ii) the sentences imposed on other criminals in the same jurisdiction; and (iii) the sentences imposed for commission of the same crime in other jurisdictions." Id. at 292.¹⁶

¹⁴Obtaining money under false pretenses was punishable by up to three years in the state penitentiary. Id. at 280 n.2.
¹⁵Grand larceny was defined as the taking of property of a value exceeding $50, taking property of a value less than $50 from the person of another, or taking livestock. It was punishable by up to ten years in the state penitentiary. Id. at 280 n.3.
¹⁶In evaluating the seriousness of the underlying crime, the Solem Court noted that some norms are easily applied, such as non-violent crimes are

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