Recently, two California courts of appeal have attempted to apply the cruelty standards laid down in Lynch to the punishment proscribed in a criminal assault statute. People v. Romo and People v. Wingo came to opposite conclusions as to whether the punishment was cruel or unusual. The conflict will be resolved by the Supreme Court of California when it reviews the two cases. This Comment will discuss the status of California's cruel or unusual punishment provision, and will analyze the important problems raised by Romo and Wingo.
Robert L. Eisenberg,
Cruel or Unusual Punishments in California: New Problems in Fitting Punishment to Crimes,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss2/10