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

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Q: What would a constitutional challenge to the death penalty be based on?
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What type of case was Baze v Rees?

It was a constitutional challenge to the death penalty based on the "cruel and unusual" punishment aspect of death by lethal injection. The US Supreme Court decided the case in 2008 and rejected the argument of the plaintiffs. See below link:


Should the death penalty be mandatory for all first degree murders convictions?

No. There is a long and complex constitutional history on the death penalty, but quite simply, mandating the death penalty for any crime would be unconstitutional in the US. It would also be morally wrong.


Who implement death penalty?

In the US, the death penalty is requested by the prosecuting attorney and the DA and is decided by the judge based upon the results of the sentencing hearing.


What method of death penalty used in South Africa?

The death penalty is unconstitutional, as decided by the Constitutional Court in the case of S v Makwanyane and AnotherSee related link


Why God's demand of the death penalty for sin is based on His sense of?

Justice and righteousness


What circumstances has the supreme court found death penalty laws to be unconstitutional?

in considering the scores of challenges to those state laws, the supreme court found the mandatory death penalty laws unconstitutional, though the 2 stage approach was seen to be constitutional.


Under what circumstances has the supreme court found death penalty laws to be unconstitutional?

in considering the scores of challenges to those state laws, the supreme court found the mandatory death penalty laws unconstitutional, though the 2 stage approach was seen to be constitutional.


Is Texas for or against the death penalty?

For. If most of the citizens in Texas did not want the death penalty, there would be no death penalty.


What is the death penalty for Romania?

Now, no death penalty in Romania.


Does Nebraska have the death penalty?

No,the state of Nebraska does not have the death penalty.


How can you get kill in the death penalty?

no, you dont die with the death penalty


Does Missouri have the death penalty?

No,the state of Missouri does not have the death penalty.