When a convicted sex offender on supervised release is accused of a new offense, how should they be sentenced? Should the penalty be the one for violating their supervised release terms, or should they be sentenced as if they had been convicted of the new offense?
The death penalty in Washington has been found unconstitutional three times in the past, and the Washington Supreme Court just found the same thing again. It did not find that the imposition of the death penalty was inherently unconstitutional. "The death penalty is invalid," the court found instead, "because it is imposed in an arbitrary and racially biased manner." Therefore, it violates both the U.S. and Washington constitutions' prohibitions on cruel punishment.