RE: Is the death penalty cruel and unusual punishment by definition?
January 17, 2014 at 11:43 pm
(This post was last modified: January 17, 2014 at 11:44 pm by Angrboda.)
I'm not even sure I know what the phrase "cruel and unusual by definition" would even mean. There are codifications of the concept in statute and at common law, but all these are based on general presentiment and abstruse theories of justice. I'm not aware of any definitive overriding definition of what constitutes cruel and unusual punishment. Ultimately, I think that it is a silly argument to be made as there are far more effective objections to be made to capital punishment — the cost, the lack of deterrent effect, irreversible harm, the morality of retribution as a justification for punishment — that the argument that capital punishment is, by its nature, inhumane, need never be made.
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