Cruel and Unusual punishment, are you kidding me.
Check it out:

Federal prosecutors have announced they are seeking the death penalty for Boston marathon bomber Dzhokhar Tsarnaev. He and his brother, Tamerlan Tsarnaev, murdered three people and wounded more than 260. In addition, they shot a Boston police officer to death.

In keeping with what the citizens of progressive Massachusetts consider to be progressive values, the great majority of them oppose the death penalty for Tsarnaev. Only one out of three citizens supports his execution.

The Boston Globe reported that, when asked to explain the ACLU’s opposition to executing Tsarnaev, “Carol Rose, executive director of the American Civil Liberties Union of Massachusetts, said that the union opposes the death penalty ‘because it is discriminatory and arbitrary and inherently violates the constitutional ban against cruel and unusual punishment.’”