Which amendment is associated with cruel and unusual punishment in the McCleskey case?

Which amendment is associated with cruel and unusual punishment in the McCleskey case?

• A. Fourth Amendment
• B. Fifth Amendment
• C. Sixth Amendment
• D. Eighth Amendment

Answer: (D)

The main idea here is the protection against cruel and unusual punishment, which is guaranteed by the Eighth Amendment. In McCleskey v. Kemp, the discussion centers on the death penalty and whether evidence of racial disparities in its application could violate that prohibition. The Court explained that while disparities exist, they do not by themselves prove a constitutional violation under the Eighth Amendment. The other amendments cover different rights—search and seizure (Fourth), due process and other protections (Fifth), and trial rights (Sixth)—so they aren’t the focus when discussing cruel and unusual punishment.

The main idea here is the protection against cruel and unusual punishment, which is guaranteed by the Eighth Amendment. In McCleskey v. Kemp, the discussion centers on the death penalty and whether evidence of racial disparities in its application could violate that prohibition. The Court explained that while disparities exist, they do not by themselves prove a constitutional violation under the Eighth Amendment. The other amendments cover different rights—search and seizure (Fourth), due process and other protections (Fifth), and trial rights (Sixth)—so they aren’t the focus when discussing cruel and unusual punishment.