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it is used as fair compensation for a large number of proven murders or equal crime.

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14y ago

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Is death penalty cruel and unusual punishment?

no, it someone done something to get them in that situation


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.


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 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.


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.


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.


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.


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.


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.


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

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


What would a constitutional challenge to the death penalty be based on?

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

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