1.

My purpose isn’t to debate the death penalty, FWIW, I’m against it as a matter of principle, there have been far too many people exonerated long after convictions for me to feel comfortable with it.

Agreed.

I do think that it should remain an option for the most heinous of crimes, where there is no doubt at all as the the guilt and culpability of the individual. I also feel that it should be available for treason, and for desertion in the face of the enemy.

Agreed.

This is just horribly wrong however on so many levels.

Agreed.

2. The weight of opinion in the libertarian site I used to participate in was that cruel and unusual executions were okay because Heinlein said so somewhere. My protests about the Constitutional prohibition were ignored. That was one of the last straws before I stopped calling myself a libertarian.

3. Afaic a few crimes deserve cruel and unusual punishment. IMHO the Constitution prohibits such, not out of concern for those criminals, but because human beings are not wise enough to pass such judgment without eventually abusing the power.