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. Castellanos, F069500 (Cal. App. 2016):
"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; People v. Abundio (2013) 221 Cal.App.4th 1211, 1218.)
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