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Rapist and murderer Oswald Danes used the Eighth Amendment to the Constitution of the United States — in concert with the Fifth — to explain why he could not be re-executed after the State of Kentucky's first attempt failed on Miracle Day. He claimed that the Fifth Amendment's guarantee that ". . . nor shall any person be subject for the same offense twice", in concert with the Eighth Amendment's protection against "cruel or unusual punishment" offered him a superior legal position from which he could viciously sue the Governor of Kentucky. Because his civil rights case was so strong, he claimed, he would not only obtain his freedom, but millions of dollars. (TV: The New World)