• APassenger@lemmy.world
    link
    fedilink
    arrow-up
    0
    ·
    edit-2
    1 year ago

    It could still run up against tue 8th Amendment, more specifically the prohibition against cruel and unusual punishment.

    Edit to add: being convicted of a capital crime does not guarantee a death sentence. Anything less than death still bumps into a Constitutional issue.

    Coming and going, there’s a likely Constituional challenge. An amendment would almost be easier.

    • Alien Nathan Edward@lemm.ee
      link
      fedilink
      arrow-up
      1
      ·
      1 year ago

      death penalty isn’t cruel or unusual. scotus said so themselves. they even said a punishment could be cruel as long as it isn’t unusual.