State v. Santiago, 318 Conn. 1, 16 n.11 (2015)

It has been argued that, when an appellant challenges a statute or practice under both the state and federal constitutions, this court should first consider the state claims, turning to the federal claim only after determining that the appellant's state constitutional challenges will not succeed. See W. Horton, The Connecticut State Constitution (2d Ed.2012) p. 37. This approach is particularly apt when, as in the present case, the claim is one of first impression under both the federal and state constitutions. Accordingly, we will evaluate and resolve the defendant's claim under the state constitution. Because the legal framework that we apply with respect to allegedly cruel and unusual punishments is not fundamentally distinct from that adopted by the United States Supreme Court, we have no reason to believe that the eighth amendment would compel a different result. In any event, because the defendant prevails under the state constitution, we need not speculate as to how that court might resolve his federal claims or decide whether the state constitution provides broader protection than the federal constitution in this regard.