41. There is good reason to hope that the court will find the Eighth Amendment argument more persuasive this time. 42. The issue is whether executing the mentally retarded is cruel and unusual punishment in violation of the Eighth Amendment . 43. The Oates case eventually became a topic of the U . S . Supreme Court s Eighth Amendment jurisprudence. 44. In 2009 the Lisbon Treaty proposal was passed by the Twenty-eighth Amendment of the Constitution of Ireland. 45. The Court then further addressed the procedural issues present in making a determination of insanity for Eighth Amendment concerns. 46. On July 16, 2014, Carney declared the Eighth Amendment 's ban on cruel and unusual punishment. 47. What the Eighth Amendment does is, at most, allow community standards to dictate what punishments are acceptable. 48. The constitutional question is whether executing a juvenile offender is cruel and unusual punishment in violation of the Eighth Amendment . 49. The U . S . Constitution's Eighth Amendment " prohibits the unnecessary and wanton infliction of pain. 50. Several days before his retirement, he said, " I have never changed my mind about the Eighth Amendment .
