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It depends on how you look at it. In my opinion, the death penalty is not cruel and unusual because in modern day 2013, executions are done with lethal injection. Lethal injections are quick, painless, and humane -- not at all cruel. First, they're given sedatives that put you to sleep/take away pain. Then they're injected with something that shuts down their breathing/nervous system/muscles. The final injection is a cocktail that will put the inmate into cardiac arrest, where the heart is shut down.
No blood, no guns, no rope to hang people with. Completely humane. It's like getting three shots (except this one kills you). We get shots every season, right? So it's not unusual.
Hope this helps.
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∙ 11y ago
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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.
Why people are against death penalties?
they think is cruel and unusual punishment.
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.
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.
What were cruel and unusual punishments when the amendments were written?
death, torture, and public humiliation were three unusual and cruel punishment before the 8th amendment.
Is death penalty cruel and unusual punishment?
no, it someone done something to get them in that situation
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.
When is the death punishment not considered cruel and unusual punishment?
When it is used as "fair compensation" for a large number of proven murders or equal crimes.
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.
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.
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.
What would a constitutional challenge to the death penalty be based on?
Most likely on the Eighth Amendment prohibition against cruel and unusual punishment.
