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This argument has often been made by those that seek to end the death penalty. Courts have consistently found that it is not cruel and unusual if applied uniformly and humanely. You'd have to read the opinions for the extensive reasoning.

Added: (in the US) In addition to the above fact, it is simply because an overwhelming majority of US citizen voters remain in favor of it.

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Q: Why capital punishment is not unconstitutional as cruel and unusual punishment?
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According to the supreme court capital punishment is?

Is legal, if it meets the test of not being "cruel and unusual punishment".


How much jail time may one get for cruel and unusual punishment?

Cruel and unusual punishment is not a crime. The constitution protects Americans from cruel and unusual punishment from the state.


Is drawn and quartering still a form of capital punishment in us?

Of course not. The US has always prohibited "cruel and unusual punishment".


Which amendment guarantees there will be no cruel and unusual punishment?

The 8th Amendment prohibits excessive bail and cruel and unusual punishment.


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.


Is overcrowding in prisons cruel and unusual punishment?

Overcrowding in prisons definitely is considered to be cruel and unusual punishment. This is not safe and definitely not humane.


What are the release dates for Punishment Cruel and Unusual - 2001?

Punishment Cruel and Unusual - 2001 was released on: USA: 14 November 2001


Who was against cruel and unusual punishment?

Many people are against cruel and unusual punishment. It is against the 8th Amendment of the United States Constitution.


Which amendment prohibits cruel and unusual punishment-?

Cruel and unusual punishment is prohibited by the Eighth Amendment, which is part of the Bill of Rights added to the Constitution in 1791. Please support commonsense grammar.


What was the punishment for cruel and unusual punishment of slaves?

slaves get whipped and beaten


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.


Which amendment outlaws cruel and unusual punishments?

8th amendement outlaws cruel and unusual punishment.