In 1972 the United States Supreme Court ruled that all death penalty laws were cruel and unusual punishment.
His lawyers argue that an unprecedented second execution attempt on Broom would violate a constitutional ban on cruel and unusual punishment.
Those doctors had been asked to attend the execution after Morales's legal team called California's lethal injection cocktail cruel and unusual punishment.
Are they talking about intellectual property, First Amendment issues (speech), Fourth Amendment issues (privacy), or Eighth Amendment issues (the cruel and unusual punishment of commenters)?
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Well, as far as major treaties go, the only thing they are left with is the 8th Amendment of the Constitution (the "cruel and unusual punishment" amendment).
If those other forms of execution violated the constitutional ban on cruel and unusual punishment, they argue, then how much more so should this, which may be causing more pain?
In Roper, the Court drew on international criticism of the death penalty to buttress the argument that it should be prohibited for juveniles under the Eighth Amendment prohibition of cruel and unusual punishment.
Following a brief moratorium in 1972, when the Supreme Court ruled that the death penalty's application violated the Eighth Amendment's ban on cruel and unusual punishment, it was reinstated in 38 states from 1976.
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Running the phone against only the Galaxy S III sounds like it would be a cruel and unusual punishment, and of course that superphone wins on every count -- but the 1.6GHz Medfield phone still copes admirably.
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So they don't want to hear the issue on the merits of cruel and unusual punishment, but they do say that the prisoners who come forward and say they never got to argue this should have their day in court.
Previous administrations refused to extradite people since it was considered "cruel and unusual" punishment and worse if the defendant faced capital punishment.
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