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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.
Is death penalty cruel and unusual punishment?
no, it someone done something to get them in that situation
What would be the proposal law against death penalty?
Cruel and unusual Pleasure.
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.
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.
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.
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.
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.
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.
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 was the importance of Furman v Georgia?
It presented 2 major concerns. First it upheld the notion that all citizens regardless of race are allowed a fair trial. Secondly it deemed that the death penalty procedures were cruel and unusual punishment, but the death penalty itself was not considered unconstitutional.
