What is the test for determining whether a sentence is cruel and unusual punishment?
California, United States of America
The following excerpt is from People v. Jones, H040590 (Cal. App. 2015):
Whether a sentence constitutes cruel and unusual punishment is a question of law. (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1474.) A reviewing court therefore applies the de novo standard of review when determining whether a defendant's sentence is cruel and unusual punishment. (Ibid.)
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