What is the test for determining the definition of crime and the determination of punishment?
California, United States of America
The following excerpt is from People v. GONZALEZ, B216078, No. LA058658 (Cal. App. 2010):
Legislature. Perhaps foremost among these are the definition of crime and the determination of punishment. [Citations.] While these intrinsically legislative functions are circumscribed by the constitutional limits of article I, section 17, the validity of enactments will not be questioned 'unless their unconstitutionality clearly, positively, and unmistakably appears.' [Citations.]" (People v. Wingo (1975) 14 Cal.3d 169, 174, fn. omitted.)
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