In determining the evolving application of the 8th Amendment and the constitutionality of the death penalty there seems to be two blatant obvious facts before us. First, there are no mitigating factors of death - there is no reversal, when you are dead you're dead. This is a form of absolutism. The due process of law ends at death. Second, and this seems to be a theme the last two weeks, we all recognize the imperfect Judicial system - there appears to be a wide consensus on this fact. What do you get when you put together an imperfect judicial system with an absolute punishment? Injustice, weather purposeful or not, someone is going to get screwed. Since the re-installment of the death penalty in 1976 over 1,100 individuals have been executed throughout the United States (http://www.deathpenaltyinfo.org/number-executions-state-and-region-1976). Can we, as a rational and democratic society, honesty say that we trust that all of these executions were just? Can we overlook the racial...