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Which amendment challenges the death penalty?
No amendment "challenges" the death penalty. The 8th Amendment has been used as a legal basis for challenging the constitutionality of the death penalty. The argument is that the 8th Amendment prohibits "cruel and unusual punishment" and that the death penalty is cruel and unusual punishment and therefore is prohibited by the US Constitution. This argument was successful in earlier cases, not because the death penalty itself was cruel and unusual but because of the way it was administered. The death penalty is allowed if it is administered without racial or ethnic bias and in a non-cruel manner.
The death penalty may not be considered cruel and unusual punishment so long as?
it is used as fair compensation for a proven collection of murders or equal crime.
What case decided burning at the stake as cruel and unusual punishment?
Wilkerson v. Utah was the case in which it was decided that burning at the stake was considered to be cruel and unusual punishment. While this case addressed the idea that shooting a person to death was considered cruel and unusual punishment the government looked at all manners of death that should be labeled as such.
Why they stopped using the guillotine?
Because it is considered to be a cruel and unusual punishment
What does the 8th amendment protect?
excessive bail and fines; and also cruel punishment it was there to excessive bail and fines; and also cruel punishment The eighth amendment does not allow crueal and unusual punishments such as disemboweling, beheading, and pulling you into four pieces by horses. They did declare the death penalty unconstitutional until 1976, since then 628 inmates have been executed. The most common way to kill is by lethal injection, which takes about 7 minutes to do so.
What punishment is highly debeted in regards to cruel and unusual punishment?
One punishment that is highly debated in regards to cruel and unusual punishment is the death penalty. It's very uncommon for the actual death sentence to be brought out.
Which amendment challenges the death penalty?
No amendment "challenges" the death penalty. The 8th Amendment has been used as a legal basis for challenging the constitutionality of the death penalty. The argument is that the 8th Amendment prohibits "cruel and unusual punishment" and that the death penalty is cruel and unusual punishment and therefore is prohibited by the US Constitution. This argument was successful in earlier cases, not because the death penalty itself was cruel and unusual but because of the way it was administered. The death penalty is allowed if it is administered without racial or ethnic bias and in a non-cruel manner.
What current controversial issue is tied to the eighth amendment's prohibition of cruel and unusual punishment?
The death penalty for very serious crimes is cruel and unusual.
Is the death penalty cruel and unusual punishment?
no because it's dignified. Cruel and unusual punishment is like torture or being starved or stuff that go against human morals. most of the people on death row are there BECAUSE they acted cruel and unusually.
When is death penalty a cruel and unusual punishment?
When it is used as "fair compensation" for a large number of proven murders or equal crimes.
What would a constitutional challenge to the death penalty be based on?
Most likely on the Eighth Amendment prohibition against cruel and unusual punishment.
Why is the Death Penalty legal?
The death penalty is legal in the US because the US Supreme Court ruled that it is not cruel or unusual punishment, and the Federal and some state legislatures have not seen fit to repeal it.
In 1972 death penalty unconsitutional?
Yes, in 1972, the case of Furman v Georgia made the death penalty unconstitutional. By a vote of 5 to 4 the Supreme Court found the death penalty cruel and unusual as practiced. They said it was arbitrary and capricious in the way it was administered. Justices Marshall and Brennan found the death penalty cruel and unusual per se. Justice Douglas, Justice Stewart, and Justice White found capital punishment cruel and unusual as practiced. In 1976 Gregg v. Georgia brought back the death penalty.
The death penalty may not be considered cruel and unusual punishment so long as?
it is used as fair compensation for a proven collection of murders or equal crime.
Why does the constitution support the death penalty?
The American Constitution doesn't prevent the Death Penalty, which is not the same as supporting.Another View: The US Constitution does not address Capital Punishment anywhere in the document. The only restriction on any type of punishment that is addressed in the Constitution is a prohibition agaionst "cruel and unusual punishment."
Why people are against death penalties?
they think is cruel and unusual punishment.
If the constitution goes against capital punishment why do state still do it?
Technically the United States Constitution does not go against capital punishment per se. The Constitution prevents people from receiving cruel and unusual punishment. As far as the death penalty goes it is debated by many if it in fact is cruel and unusual. It can be argued that it is cruel and unusual because the system is biased so that more African Americans and more people will be executed.
