Full Answer Section

Hypothetical Case Analysis:

Christopher, almost 18, plans and commits a brutal murder with a younger accomplice. He is tried as an adult and sentenced to death.

Question 1: Arguments AGAINST Cruel and Unusual Punishment

• Severity of the Crime: Christopher planned and carried out a premeditated murder, a heinous crime that society generally views as deserving of severe punishment.
• Adult Status (Near Adult): While not legally an adult at the time of the crime, Christopher was very close to adulthood. The fact that he was so close to 18 could be argued as making him mature enough to understand the full consequences of his actions.
• Conscious and Deliberate Actions: Christopher not only planned the murder but also bragged about it, showing a complete lack of remorse and understanding of the gravity of his actions.
• Deterrent Effect: The death penalty, though controversial, is sometimes argued to have a deterrent effect on others considering similar crimes.  

Question 2: Arguments FOR Cruel and Unusual Punishment

• Age at the Time of the Crime: While close to 18, Christopher was still legally a minor at the time of the murder. Executing someone for a crime committed as a minor is a practice that is increasingly viewed as cruel and unusual.  
• Possibility of Rehabilitation: Even for heinous crimes, the concept of rehabilitation exists. Executing Christopher eliminates any possibility of him being rehabilitated and potentially contributing positively to society in the future.
• Disproportionate Punishment: The death penalty is considered by many to be a disproportionate punishment, especially when compared to life imprisonment without parole, which ensures society’s safety.  
• Evolving Standards of Decency: Global trends show a movement away from the death penalty, suggesting that it no longer aligns with evolving standards of decency.  
• Mental and Emotional Development: Even at almost 18, Christopher’s brain, particularly the areas responsible for decision-making and impulse control, may not have been fully developed.

Question 3: Ruling and Application of Definition

Using the “evolving standards of decency” and proportionality definition, I would rule that the death penalty in this case IS cruel and unusual.

• Evolving Standards: The global trend is towards abolishing the death penalty, particularly for crimes committed by individuals who were minors at the time. This suggests that the death penalty, especially in this context, does not align with current standards of decency.  
• Proportionality: While the crime was horrific, executing someone who was a minor at the time of the offense seems disproportionate, especially when alternative punishments like life imprisonment without parole are available.

Question 4: Changes in Details and Potential Impact

• Age: If Christopher had been younger, say 15 or 16, at the time of the crime, it would further solidify the argument against the death penalty, as executing minors is almost universally condemned.
• Mental State: If evidence emerged suggesting that Christopher suffered from a severe mental illness that impaired his judgment and understanding of his actions, it would likely change my ruling. His mental state would be a significant mitigating factor.
• Clearer Evidence of Rehabilitation: If, during his time in prison, Christopher showed genuine remorse and underwent significant rehabilitation, it might make the death penalty seem even more cruel and unusual, as it would deny him the opportunity to demonstrate his potential for positive change.
• Victim’s Family’s Wishes: While not a legal factor, the victim’s family’s wishes regarding the punishment could introduce an emotional element. If they strongly opposed the death penalty, it might further sway public opinion against it in this particular case.

Important Note: The issue of “cruel and unusual punishment” is complex and involves legal and ethical considerations. This analysis is based on the provided information and a specific definition, but real-world cases often involve many more nuances.