http://www.cnn.com/2010/CRIME/10/05/chesire.connecticut.murders/index.html?hpt=C1
Today is the first I've heard of this story. These men brutally raped and murdered a mother and her two daughters in a horrific fashion.
America is one of only two democratic-republics in the world that retained the death penalty with the other being Israel who as only used it as a punishment for those behind the Holocaust.
The death penalty disproportionately affects minorities (or at least, did) and is administered arbitrarily and has taken the life of innocent people who feel pain and experienced the realness of that injustice in every way.
I believe that because the death penalty might permanently remove once conscious human beings who too have lived, laughed and loved from the world that even one of those is a high price to pay as we cannot repay them for a mistake.
nonetheless, allowing awful people like these two men a silent, boring, albeit miserable sanctuary isolated from society...although awful is not enough...and killing them painlessly is no retribution and even if it were, we risk placing that retribution unjustly on an innocent.
These men ought to be tied to a bed and waterboarded with gasoline....similar to what they did to those little girls. That is retribution.
Not only do I think this normative but I think we fail to respect them as real rational agents if we do not instill a harm unto them that they've done to others...such an awful one anyways. By golly, I dare say such a punishment might be something close to a fundamental right. I have a right to be tortured in natural law if I should violate it so viciously to have that viciousness returned back to me.
If we fail and torture an innocent man...we might be able to try and fix this failure...surely not all the way but a large damage award might be at least something....all we know for sure about death is that you don't come back.
A silent and nearly painless death does not restore the pendulum of justice for this murdered family. In fact, even a painful death as I don't think the pain would last long enough.
As far as any constitutional concerns;
The phrase "cruel and unusual" has a different meaning depending on the social norms upon which that phrase guides...what is "cruel and unusual" to Jane's who believe bugs to contain the souls of their former brethren is not "cruel and unusual" to Ghenghis Khan, etc.