When is the death punishment not considered 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.

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.

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.

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 does it mean for a punishment to be cruel and unusual?

It means things that are totally unwarranted - like cutting off a thief's hand, or locking someone in a room for half a year because she might be "a witch". Things like that, totally cruel and really not suited to what the actual crime was. ========== Over time the phrase "cruel and unusual punishment" has been interpreted many ways. In general the idea is that any punishment imposed in a barbaric, excessive and/or bizarre manner would constitute "cruel and unusual punishment". This has been the basis for many of the more recent appeals of death sentences - arguing that imposing death on another human-being is, by definition, cruel, and/or that since many developed countries have abolished the death penalty as a punishment it would now be considered "unusual". Pillories used to be common but fell into disuse and they are now classified as "cruel and unusual". Some punishments that used to be considered fair are now considered excessive, such as hanging someone for stealing a horse.Some prisons have been forced to upgrade or improve their facilities because the hardships imposed on prisoners - which used to be considered perfectly acceptable and normal are now argued to be cruel and unusual punishment because they are so much worse than what ordinary people endure outside the prisons and jails. It probably all comes down to what society currently considers to be cruel and unusual.

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.

Starving a prisoner to death would be an example of?

This would be considered an extreme form of torture and a violation of human rights. It is unethical and inhumane to intentionally deprive someone of food and water to the point of death.