What is the test for determining whether a punishment is cruel and unusual?
California, United States of America
The following excerpt is from People v. Delara, D057180, Super. Ct. No. SWF012004 (Cal. App. 2011):
It is permissible to base the determination of whether the punishment constitutes cruel and unusual punishment solely on the nature of the current offenses and the offender. (See People v. Weddle (1991) 1 Cal.App.4th 1190, 1198-1200.)
2. Analysis
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