What is crucial" for the Eighth Amendment's cruel and unusual punishments clause?

California, United States of America


The following excerpt is from People v. Ashmus, 2 Cal.Rptr.2d 112, 54 Cal.3d 932, 820 P.2d 214 (Cal. 1991):

"What is crucial" for the Eighth Amendment's cruel and unusual punishments clause "is the meaning that the instructions communicated to the jury. If that meaning was not objectionable, the instructions cannot be deemed erroneous. It now appears that we are to determine the meaning of the instructions not under the strict 'reasonable juror' test--i.e., could a reasonable juror have understood the charge as the defendant asserts--but rather under the more tolerant 'reasonable likelihood' test--i.e., is there a reasonable likelihood that the jury so understood the charge." (People v. Benson, supra, 52 Cal.3d at p. 801, 276 Cal.Rptr. 827, 802 P.2d 330, italics in original, citations omitted.)

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