[skr]

What difference does it make that the death penalty wasn't in force while he was murdering people? Are they assuming he wouldn't have killed if he knew he might have to pay with his life? How absurd is that?!

[Melas]

It makes a difference because the constitution expressly forbids ex post facto laws. That's written in stone. That means you can never face punishment for something you did while it was legal, even if it should become legal in the future, or that you will ever face a harsher punishment for a crime than was in effect act the exact moment you committed the crime. The legality of an action, including the possible punishment for actions that are legal, are set in stone at the time of commission. To do otherwise denies us all the opportunity to be apprised of the law as it relates to our actions.