Topic: whether a punishment is cruel or unusual is a question of l… · Go Syfert
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Topic #12607

6 canonical passages across 4 cases, quoted by 31 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from People v. Martinez.

#Case FlagCanonical passage Citers
1 People v. Martinez Anchor
calctapp · 1999
green “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.” 12
2 Smith v. Municipal Court
calctapp · 1978
green “the ultimate test remains whether the punishment prescribed shocks the conscience and offends fundamental notions of human dignity.” 4
3 People v. Em
calctapp · 2009
green “it is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity.” 4
4 People v. Em
calctapp · 2009
green “under circumstances not of coercion but to a certain extent duress,” 4
5 People v. Gonzales
calctapp · 2001
green “the lack of a significant prior criminal record is not determinative in a cruel and unusual punishment analysis” 4
6 People v. Martinez
calctapp · 1999
green “the underlying disputed facts must be viewed in the light most favorable to the judgment.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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