So I punch you, and the law executes me would be cruel and unusual.
The problem is also that the definition of “cruel and unusual” punishment can be subjective.
What’s proportionate to you may not be to another person.
Your definition might differ from your “neighbours” so which one of us in society is in a clear enough position,and knowing not only all the facts of the criminals life,why he was how he was,what his neurological and psychiatric state were like etc but also knowing ourselves fully and what motivates us to think how we think (regarding what sentence he should receive) to make a definitive call?
Capital punishment should be opposed for the below reason if for no other reason.
The reason being that we can’t 100% prevent that an innocent person/wrongly accused won’t lose their life.
In addition,with where we are today regarding medical science,it can not be definitively ruled out that the accused doesn’t have a psychiatric/neurological disorder.
Even if 5 Psychiatrists take the stand and state he doesn’t,it still doesn’t rule it out as the reality is we have little medical imaging used clinically today to assess cerebral brain functioning.
They may submit a “healthy” brain MRI of the accused to the court,but mri’s only show structural damage and do not show damage on a cellular level.
So this “uncertainty” in regards to both false accusations and medical state is enough to say no to death penalty where there are other options,to avoid injustices.
Another “injustice” that I hope will make “supporters” think twice is the the reality that in USA it is more poor people than wealthy people that are given death penalty sentences.
Rich people murder people too.
One of the greatest concerns I have about the death penalty is not even so much the effect on the criminal,but what it does to the mindset of the society we live in.
If it can be agreed on that threat of capital punishment does not deter violent criminals and also that there are other ways to protect the community (life long incarceration) then the only “reason” left to support it would be retribution mentality.
This mentality is incompatible with a civilised society and serves only to brutalise the community.
https://aic.gov.au/publications/tandi/tandi03