What is the test for determining whether a punishment is cruel or unusual?
California, United States of America
The following excerpt is from People v. Galloway, E059039 (Cal. App. 2014):
"Whether a punishment is cruel or unusual is a question of law for the appellate court, but the underlying disputed facts must be viewed in the light most favorable to the judgment." (People v. Martinez (1999) 76 Cal.App.4th 489, 496.)
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