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John Paul Stevens

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[B]y 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.
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Concurring in the judgment, Baze v. Rees, 553 U.S. 35 (2008)

 
John Paul Stevens

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Though it took a decade to find bin Laden, there is one consolation for his long evasion of justice: He lived long enough to witness what some are calling the Arab Spring, the complete repudiation of his violent ideology.
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That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 
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If I were not an atheist, I would believe in a God who would choose to save people on the basis of the totality of their lives and not the pattern of their words. I think he would prefer an honest and righteous atheist to a TV preacher whose every word is God, God, God, and whose every deed is foul, foul, foul.
I would also want a God who would not allow a Hell. Infinite torture can only be a punishment for infinite evil, and I don't believe that infinite evil can be said to exist even in the case of Hitler. Besides, if most human governments are civilized enough to try to eliminate torture and outlaw cruel and unusual punishments, can we expect anything less of an all-merciful God?
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Whenever a human being, through the commission of a crime, has become exiled from good, he needs to be reintegrated with it through suffering. The suffering should be inflicted with the aim of bringing the soul to recognize freely some day that its infliction was just. This reintegration with the good is what punishment is. Every man who is innocent, or who has finally expiated guilt, needs to be recognized as honourable to the same extent as anyone else.

 
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I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.

 
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