A step forward to moving past capital punishment altogether, I agree. But to apply "cruel and unusual punishment" is just silly. When the Constitution was ratified the death penalty was common and there was no existing belief that the federal government had any say in it, other than "cruel and unusual punishment" in historical reference to prolonged death inflicting unnecessary suffering which the British were infamous for. So yes I'm conflicted. I'd like to evolve beyond capital punishment, but not by U.S. court fiat, which is how just about EVERYTHING is decided these days. The issue belongs to the states and it's up to the states to decide their laws on capital punishment. And no, executing somebody who's a 71 IQ is not "cruel and unusual punishment". Give me a friggin break!
