by Saz » Wed Apr 08, 2015 4:03 pm
It is legal, no doubt about that. But I don't think that's grounds to say it is objectively constitutional given that The Supreme Court has ruled it unconstitutional once, while it has never ruled it definitively unconstitutional as it exists today. I can't say it's objectively unconstitutional either though. However, as I noted, the standard here is to prove that a capital punishment scheme meets the prevailing standard, and since that hasn't been done by any state since 1995 (while it has failed in multiple states since then), I think the evidence is overwhelmingly in favor of the argument that capital punishment as applied today is firmly unconstitutional, and the only reason it has not been objectively proved so it because of the courts unwillingness to address the issue.
DON'T BE A TOUGH GUY. DON'T BE A FOOL! I WILL CALL YOU LATER.