What is the difference between cruel and/or unusual and cruel and unusual?
California, United States of America
The following excerpt is from People v. Willis, B267863 (Cal. App. 2016):
that the distinction "is purposeful and substantive rather than merely semantic"]. "The touchstone in each is gross disproportionality. [Citations.] 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. [Citations.]" (People v. Palafox (2014) 231 Cal.App.4th 68, 82-83.)
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