All of the Following Were Given by the U

All of the following were given by the U.S.Supreme Court in Kennedy v.Mendoza-Martinez as a consideration as to whether a law is or is not criminal except ______.

A) whether the penalty imposed has been viewed as criminal in the past
B) whether the population considers the action as deserving of criminal punishment
C) whether the penalty involves a significant restraint on individual freedom
D) whether the penalty is imposed due to an individual's intentional wrongdoing