Originally posted by: ElFenix
Originally posted by: SickBeast
Originally posted by: ProfJohn
Please explain how it violates the constitution. Never heard that line of argument.
I'm not familiar with the intricacies of the US constitution and I'm not even American. That said, your nation is founded on principles of freedom and liberty, yes?
Perhaps the US constitution does allow for torture. Look at slavery as an example. Does the constitution allow for torture on behalf of your own government though? It just defies logic to me.
no cruel and unusual punishment. whatever that may mean. tar and feathering were common back then. if a majority of states recently outlawed it is it unusual and therefore banned in the rest of them? if it's allowed in a majority of states but disallowed in the majority of foreign jurisdictions is unusual and therefore banned in the US? it if were allowed all over the place, but was only implemented in one of every 600 possible cases (granted, not ever murder is 'solved,' and a lot of accused plea out, but it's still uncomon) would that be grounds for outlaw?
all i know is that the death penalty was on a very definite decline and looked like it'd fade away into US history when the supreme court butted it's nose in and (essentially) outlawed it (there'd been no executions in about 5 years prior in the whole US) in 1972. since the states rewrote their laws in 1976 and later, there have been over 1000 executions.
and, of course, if you're not doing something for punitive reasons, is it punishment?