Requiring that an execution be relatively painless...actually undermines the very premise on which public approval of the retribution rationale is based.
John Paul StevensI think this country would be much better off if we did not have capital punishment.... We cannot ignore the fact that in recent years a disturbing number of inmates on death row have been exonerated.
John Paul StevensBy requiring that an execution be relatively painless, we necessarily protect the inmate from enduring any punishment that is comparable to the suffering inflicted on his victim. This trend, while appropriate and required by the Eighth Amendment's prohibition on cruel and unusual punishment, actually undermines the very premise on which public approval of the retribution rationale is based.
John Paul StevensJust as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority.
John Paul Stevens"Respecting" means concerning or with reference to. But it also means with respect~ that is "reverence," "good-will," "regard" to. Taking into account this richer meaning, the Establishment Clause, in banning laws that concern religion, especially prohibits those that pay homage to religion.
John Paul Stevens