Louisiana ex rel. Francis v. Resweber (1940)
- Docket
- 142
- Decided
- 1940-1955-
Summary
Question: Does the second attempted execution deny Francis due process of law because of double jeopardy guaranteed by the Fifth Amendment and because of cruel and unusual punishment of the Eighth Amendment? Conclusion: No and no. The equipment failure does not bring due process into play. This was not the wanton infliction of unnecessary pain in the execution of the death sentence. And the cruelty of the Eighth Amendment refers to cruelty in method, not that cruelty which is part of the actual suffering accompanying a lawful sentence of death.