The death penalty has long been used in the eye-for-an-eye style of justice system that some promote. The 8th amendment says "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Baze v Rees is now challenging not whether the death penalty is cruel/unusual, but the method used by 36 (of the 37 states that have the death penalty)- lethal injection.