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. Chaira, E053083 (Cal. App. 2013):
"'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. [Citations.]' [Citation.]" (People v. Mantanez (2002) 98 Cal.App.4th 354, 358.)
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