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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.
What else can I help you with?
The equal protection clause of the fourteenth amendment has been used to challenge the death penalty on the gounds that?
The 14th Amendment's guarantee of "equal protection under the law" demands that application of law be the same regardless of the citizen it is being applied to. In the case of the death penalty, protestors have claimed that system is biased by race, sex and socioeconomic status and as a result fails to be applied in an equal manner.
When did they stop the death penalty?
The death penalty is not permitted in some states and is permitted in other states.
When did Louisiana get death penalty?
Louisiana has always had the death penalty going back to when the land was a French possession.
Why the 10 Amendment to the US Constitution especially important for th States?
The 10th Amendment says that when powers not specifically defined by the Constitution, the states have the power to maked their own judgments. Examples would be: death penalty, speed limits, drinking age. This amendment gives the states more power.
What state was the first state to abloish capital punishment?
Michigan abolished the death penalty in 1846 for crimes except treason, Rhode Island followed in 1852 and abolished the death penalty for all crimes (including treason). Michigan's death penalty statute was amended in the 1950s or 1960s to exclude the death penalty for treason.
What is a nickname for the 8th amendment?
The death penalty
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.
Does the eighth amendment allow the death penalty?
yes
What is an issue people are concerned about?
Economy, immigration, 2d Amendment, abortion, death penalty (not in that order)
Can you Suggest some topics for group discussion for college students?
Death penalty, 2d Amendment, Abortion, etc.
Does Missouri do the death penalty?
Yes, Missouri does have the death penalty. It is one of the states in the United States that actively utilizes capital punishment. The state has carried out executions and has a process in place for sentencing individuals to death for certain crimes. However, the use of the death penalty can vary over time due to legal challenges and changes in public opinion.
Do South Carolina have death penalty?
Yes, South Carolina has a death penalty. The state allows capital punishment for certain serious crimes, and executions can be carried out by lethal injection or, if chosen by the inmate, by firing squad. However, the use of the death penalty has faced various legal and logistical challenges in recent years.
What would a constitutional challenge to the death penalty be based on?
Most likely on the Eighth Amendment prohibition against cruel and unusual punishment.
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.
Does Missouri have the death penalty?
No,the state of Missouri does not have the 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.
