Vesta, you forget the bill of rights. Something about cruel & unusual punishment...
There are times I think that should be rescinded. I kind of like the way the Apaches would do. Stake them out on an ant mound in the desert during the summer. No food or water.
Dear Mr. Thor, Sir, most kind and gracious poster.
Unusual punishment is up to interpretation , some judges call it creative sentencing.
Cruel can range from denial of Twinkies for desert to whatever really bothers the guilty, no showers, or no conjugal visits. ??
Your mention of justice among the Apaches is interesting. If Louis La More is correct, some tribes in the South and North west did not rape captured woman from either another tribe or pioneer woman or children. -------- most captured youth or young woman were assimilated into the tribe and some of the people when family came to rescue them refused to return to Civilisation . Woman had rights within the tribes but none in the white Civilisation they came from.
It was the Eastern areas that the Natives were cannibals.
Anyway, the old Ant hill trick was most brutal, but you forgot the best part. The naked body's were painted with HONEY if it was available.
In fact the poor suckers buried up to their neck did not live very long, the weight of the dirt or sand compressed their body artery's and death was just a few hours away.
I saw a man come into the emergency room that had been trapped in a ditch cave in above the knees for 3 hours and could not get out. Both legs had to be amputated as this was like placing tourniquets on both legs.
Just what the heck is cruel if the person lives.??
Cruel would be if the parents and children of these monsters had to be treated as the innocents were treated by a family member treated other innocents.
In other words, you set fire to a child and then have to watch as a family members child is set afire.
I believe this was at one time the law of the land, an eye for an eye a tooth for a tooth.
Translated into today's world. If your brother with 4 kids and a wife were to be shot then the court could search the family of the killer to find relatives with this profile, just as innocent as the victims and kill them in the same way.
Interesting how this would work in today's world. Parents with a kid they know is on drugs or in a gang , what to do to prevent them from hit and run of an old lady crossing the street when you know that if found guilty the law will come for Grandma to make the rotten kid watch as she dies the same way they killed someone Else's grandma.
Gross, horrible, much like the laws of the strict Muslims, and by the way the law of the Muslims that allowes a woman to loose her nose for transgressions against her husband was in full force in some Native American Tribes long before the faith of Allah came into being.
Society is a constant trial to keep the innocent safe, humans have tried everything under the sun to dissuade people from harming others.
Send them off planet, allow them to work for their own survival. Send them to Mars, the society they build on that planet should be interesting.