Does section 1108 of the California Civil Code prohibit cruel and unusual punishment?
California, United States of America
The following excerpt is from People v. Baker, 65 Cal.App.4th 1452, 77 Cal.Rptr.2d 468 (Cal. App. 1998):
10 Mixed in with his due process argument, defendant asserts in passing that section 1108 violates the constitutional prohibition against cruel and unusual punishment. We disregard this claim perfunctorily asserted without indication it is intended to be a discrete contention. (People v. Turner (1994) 8 Cal.4th 137, 214, fn. 19, 32 Cal.Rptr.2d 762, 878 P.2d 521.)
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