The question of whether execution is a "cruel" form of punishment may no longer be an argument against capital punishment now that it can be done with lethal injections, but it is still an "unusual" form of punishment in that it only applies to a select number of individuals which continues to make the death penalty completely discriminatory and arbitrary. ... A number of states sought to resolve the discriminatory and arbitrary nature of the death penalty by simply sentencing everyone to death that was convicted of first-degree murder, but the Supreme Court rejected this proposal saying tha...

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