Double jeopardy is trying in a courtroom twice, not trying to execute twice. Nice try.
And he can’t prove “cruel and unusual” without demonstrating intent.
I think murder, the way a lot of these monsters murder, is cruel and unusual. The Wichita Massacre, that couple that was tortured and burned to death, then of course, Bundy and Gacy and Dahmer. I think Dahmer in particular was a monster the way he targeted minorities since he knew that the mainstream culture then was in fact indifferent to Asian minorities and the fact that they went missing was of no significant interest.
He was already officially punished for his crime. Just because the outcome of the punishment didn’t turn out the way the officials desired is irrelevant. Punishing him again IS double jeopardy.
“And he can’t prove “cruel and unusual” without demonstrating intent.”
I think the intent was to kill him. Personally, I am for the guillotine. Even if the blade is dull, something 80+ pounds dropping on your neck from 15 feet up is going to kill you.
The death penalty should involve removing the head from the body.
Their argument is like saying that they failed to execute him because no one could tie the hangman’s knot so they sent him back to his cell...