The death penalty could only be cruel and unusual if the method of execution caused more pain and suffering than that suffered by the person the criminal murdered.

An eye for an eye! Long live the death penalty.

On further reflection, I'm sorta thinkin' that a person calling himself "Danstheman" who posted a comment on the story in the Houston Chronicle has the right idea: " This judge is not a moron...instead he knows EXACTLY what he's doing. He may have an alien agenda, even to most Democrats, but these people are NEVER morons. Most likely, I would guess he's trying to show some credentials so that Obama considers appointing him to a LIFETIME federal judgeship."

ishkabbil..."however the Bible and the Ten Commandments state: THOU SHALL NOT KILL"

Yeah, it does indeed say that. Of course, the bible also says that people SHOULD be killed for all sorts of things that have nothing to do with murder. So, in one place the bible says it's not okay to kill and other places, it requires killing. Another reason I don't pay a whole lot of attention to the bible.

But, since the question was of the constitutionality of capital punishment and not any biblical prohibition of killing, I believe the judge is wrong in his assessment that it is unconstitutional. When the Constitution was written, the death penalty was common in the country. Had the framers intended that the use of capital punishment in criminal cases be against the Constitution, they would have so stated. They didn't say it was illegal even though they were very familier with its use, therefore, I believe that they didn't INTEND for it to be forbidden. The framers forbade cruel and unusual punishments but did not say that death as punishement for certain crimes was either.

Thank you, mytwocents, well put.

Yes tnt88 , the majority does disagree, however the Bible and the Ten Commandments state: THOU SHALL NOT KILL .

As long as it is not cruel and unusual punishment, it is not. Looking at the poll, it is obvious that the majority does not agree with this judge.