What is the test for determining whether a punishment is cruel or unusual?
California, United States of America
The following excerpt is from People v. Charles, F078782 (Cal. App. 2021):
" 'Whether a punishment is cruel or unusual is a question of law for the appellate court, but the underlying disputed facts must be viewed in the light most favorable to the judgment.' [Citations.]" (People v. Rhodes, supra, 126 Cal.App.4th at p. 1390.)
1. Nature of the offense and the offender
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