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Q: Does the eighth amendment prohibit the death penalty?
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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.


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.


The equal protection clause of the fourteenth amendment has been used to challenge the death penalty on the gounds that?

The 14th Amendment's guarantee of "equal protection under the law" demands that application of law be the same regardless of the citizen it is being applied to. In the case of the death penalty, protestors have claimed that system is biased by race, sex and socioeconomic status and as a result fails to be applied in an equal manner.


When did they stop the death penalty?

The death penalty is not permitted in some states and is permitted in other states.


Why the 10 Amendment to the US Constitution especially important for th States?

The 10th Amendment says that when powers not specifically defined by the Constitution, the states have the power to maked their own judgments. Examples would be: death penalty, speed limits, drinking age. This amendment gives the states more power.

Related questions

Does the eighth amendment allow the death penalty?

yes


Which amendment addresses the death penalty?

The eighth amendment does not allow for cruel or unusual punishment.Added; But other than that prohibition, the death penalty is not addressed in the Constitution.


What would a constitutional challenge to the death penalty be based on?

Most likely on the Eighth Amendment prohibition against cruel and unusual punishment.


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.


What is a nickname for the 8th amendment?

The death penalty


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.


Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment's protection against cruel and unusual punishment?

In 1972, three cases, Branch v. Georgia, Furman v. Georgia and Jackson v. Georgia were all brought before the Supreme Court. A decision was issued collectively under Furman v. Georgia that ruled that current death penalty statutes were unconstitutional under the eighth amendment.


How many states prohibit death penalty for offenders who were younger than 18 at the time of their crime?

50


What is an issue people are concerned about?

Economy, immigration, 2d Amendment, abortion, death penalty (not in that order)


Can you Suggest some topics for group discussion for college students?

Death penalty, 2d Amendment, Abortion, etc.


What is the relevance of the eighth amendment to the constitution?

The Eighth Amendment provides protections for those charged with and convicted of crimes. It reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."


What are facts about the eighth amendment?

You believe an eye for an eye unitl you're put in that situation. If they kill those guys, it really doesn't mean much to me. My father is gone. - Michael Jordan on the murderers of his father James.