What is the burden of establishing that a particular punishment is cruel and unusual?
California, United States of America
The following excerpt is from People v. J.I.A., G040625, Super. Ct. No. 04NF4197 (Cal. App. 2011):
sufficient to demonstrate that a particular punishment is cruel and unusual. [Citation.]" (Mendez, supra, 188 Cal.App.4th at pp. 64-65.) J.A. bears the burden of establishing the punishment is unconstitutional. (People v. King (1993) 16 Cal.App.4th 567, 572 (King).) For purposes of this appeal, we will address the factors in reverse order.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
Is a criminal offence punishable by section 654 (a) of the Criminal Code of Ontario's Criminal Code punishable by Section 654, subdivision (a), punishable by the same law, punishable by a different law? (California, United States of America)
What is the test for determining whether a sentence imposed in a particular case violates the constitutional proscription against cruel and/or unusual punishment? (California, United States of America)
What is the difference between cruel and/or unusual and cruel and unusual? (California, United States of America)
Does failing to register as a sex offender constitute a cruel and unusual punishment? (California, United States of America)
What is the case law on the Eighth Amendment ban on cruel and unusual punishment? (California, United States of America)
What is crucial" for the Eighth Amendment's cruel and unusual punishments clause? (California, United States of America)
Does the Federal Constitution or the Eighth Amendment prohibit cruel and unusual punishment? (California, United States of America)
What is the case law on the Eighth Amendment ban on cruel and unusual punishment? (California, United States of America)
What is the test for cruel or unusual punishment for a convicted rapist? (California, United States of America)
