What is the test for determining whether a punishment is cruel and/or unusual?

California, United States of America


The following excerpt is from People v. Goodman, E070255 (Cal. App. 2019):

"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." (People v. Palafox (2014) 231 Cal.App.4th 68, 82.)

2. Analysis.

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