Legal Question in Constitutional Law in Arkansas

Re: eighth amendment violation

Although the question is a bit unclear, I assume you're asking about forcing an inmate to make this choice a second time. The answer is almost certainly no.

[For the benefit of other readers, the Eighth Amendment says "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The question must be about the cruel and unusual punishment clause.]

In recent years the Supreme Court has been reluctant to call almost anything cruel and unusual punishment. The death penalty itself does not qualify under current law (though it would if it were used to punish insufficiently serious crimes), and the state is not required to give the condemned inmate a choice about how it is carried out. Some states do so anyway, due to the opinions of many about which methods allow more dignity and/or inflict less pain, and the importance many people attach to the handling of their remains. For some inmates, particular methods of execution are preferable to others. I don't see how letting them choose a method of execution could qualify as cruel and unusual punishment.