Help me understand. We can only execute those who kill people (i.e. proportional justice). So if someone steals my TV, the state should take his TV, or fine him the value of the stolen object? Likewise child rapists should themselves be raped in punishment?
Kennedy's understanding of "proportional" seems absolutely ridiculous. Even so, shouldn't the states be deciding this?
(And, according to Kennedy, the proportional punishment for possession of drugs should be what, exactly? since the court is now in the business of making criminal punishment law, etc....)
