Does the death penalty constitute cruel unusual punishment under the Eighth Amendment?
California, United States of America
The following excerpt is from People v. Thomas, 11 Cal. Daily Op. Serv. 1656, 121 Cal.Rptr.3d 521, 2011 Daily Journal D.A.R. 1966, 247 P.3d 886, 51 Cal.4th 449 (Cal. 2011):
Defendant contends the death penalty constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution. We repeatedly have rejected this contention. (See e.g., People v. Jennings (2010) 50 Cal.4th 616, 687, 114 Cal.Rptr.3d 133, 237 P.3d 474.)
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