What is the test for a jury to determine if a defendant has been found guilty of cruel and unusual punishment?
California, United States of America
The following excerpt is from People v. Reyes, B232396 (Cal. App. 2013):
Notes:
1. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (hereafter Romero).
2. The United States Constitution prohibits cruel and unusual punishment, and the California Constitution prohibits cruel or unusual punishment.
3. A first trial ended in a mistrial after the jury could not reach a verdict.
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