What is the test for whether a punishment is cruel and unusual?
California, United States of America
The following excerpt is from People v. King, F067104 (Cal. App. 2016):
"Whether a punishment is cruel and/or unusual is a question of law subject to our independent review, but underlying disputed facts must be viewed in the light most favorable to the judgment." (People v. Palafox, supra, 231 Cal.App.4th at p. 82.)
c. Analysis
Both the Eighth Amendment to the United States Constitution and article I, section 17 of the California Constitution prohibit cruel and unusual punishment. (People v. Em (2009) 171 Cal.App.4th 964, 972, 976-977 (Em); see ante, fn. 19.) Punishment is
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