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Originally Posted by sloth2946
We've evolved/matured since then. Give up that line of argument because it leads no where.
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I won't give it up. Many states amended their constitution to ban gay marriage in the last 3-5 years. There are still people who will push the issue to that point on the federal level. Heck, the DOMA act was passed in 1996 at the federal level, which basically made it illegal for the federal government to recognize any marriage, other than that of a man and a woman.
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The 8th Amendment is what is in question here:
If you know of anyone who has been a victim of child/sexual abuse/rape you know that in essence they fight their whole life to deal with the mental scars that it brought upon them. I know a few of these people. I for one, and expect that the court will find that capital punishment for such a crime wouldn't constitute 'cruel and unusual punishment'.
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if you're saying the victims 8th amendment rights were violated, they were not. The government didn't inflict the act. A private person did and the constitution only applies to the government and its actions.
I don't know how a court would rule on some of the punishments talked about on here. I know, in the past, some states have thought about using inmates as medical guinea pigs and it always has been shot down by the courts. They can't say one punishment is cruel and unusual for one class of criminal, but ok for another. That could be a 14th amendment violation. Of course IANAL.
Part of me likes the exile idea. Find an island out aways, drop off food and supplies every now and then, and they rule themselves. They have proven they can't live in society, and we would provide the basics for survival. They would have their own society and pecking order to deal with.