Death Penalty for something other than Murder?

[Splash]

Originally Posted by Low C Sharp

Just to provide some context, the Supreme Court has found that this is unconstitutional. (One can still think it is a good policy, of course.).

Do you know what the rationale was for this? It seems like it would be considered Constitutional. The reason I say this is because we are all entitled to the rights of life, liberty, and the pursuit of happiness. These rights can be revoked though if we break the law. (Jail =/= liberty). So, how is taking life different? Honestly curious or if there is a flaw in my thought process.

[DeltaBetaBaby]

Originally Posted by Splash

Do you know what the rationale was for this? It seems like it would be considered Constitutional. The reason I say this is because we are all entitled to the rights of life, liberty, and the pursuit of happiness. These rights can be revoked though if we break the law. (Jail =/= liberty). So, how is taking life different? Honestly curious or if there is a flaw in my thought process.

It violates the 8th amendement against cruel and unusual punishment. The SCOTUS, in making this decision, considers both the tide of the nation (which is moving, albeit slowly, away from the death penalty), and what is customary in other Western nations to determine what is "cruel and unusual".