Although refraining from a determination of whether particular methods might violate the Eighth Amendment, the Court did state that such punishments as "burning at the stake, crucifixion, breaking on the wheel, or the like" are cruel and unusual.

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The U.S. Supreme Court has indeed indicated that certain historical methods of execution, such as burning at the stake, crucifixion, and breaking on the wheel, would constitute cruel and unusual punishments under the Eighth Amendment, although it has often refrained from making broad determinations about the constitutionality of specific execution methods without a case context.

Although Refraining from a Determination of Whether Particular Methods Might