One argument against capital punishment is that the justice system frequently executes people that are later found to be innocent.. A second argument against the death penalty is that it is cruel and unusual punishment. Capital punishment involves nothing that a person would not already know about when they committed the murder. There have been arguments for coming up with quicker more humane ways to carry out the death penalty than lethal injection. If only there was as much consideration for the victims as there was for the wellbeing of the criminals. These criminals have committed such a heinous crime that they are about to be put to death and all people can worry about is how long it will take. The victims were not given any say in the matter in which they were killed. In order to understand what is classified as cruel and unusual punishment it is necessary to determine what exactly the authors of the Bill of Rights had in mind.. Capital punishment is not excessive or unnecessary force on a prisoner, but rather it is the legally determined penalty for committing such crimes as murder. Furthermore, the Supreme Court has repeatedly declared that capital punishment is not unconstitutional in cases involving first-degree murder.