What constitutes a cruel or unusual punishment in a criminal case?
California, United States of America
The following excerpt is from People v. Shumate, G056263 (Cal. App. 2020):
Constitution, and it similarly violates the cruel or unusual punishment clause of article I, section 17 of the California Constitution. Both clauses "prohibit punishment that is 'grossly disproportionate' to the crime or the individual culpability of the defendant." (People v. Mendez (2010) 188 Cal.App.4th 47, 64.)
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