the nazis we put on trial for mass murder, they didn't threaten us, we shouldn't have put them to doatsd? what is the proper punishment? judge is the godfather the safest man in the yard in the prison. when he suggests he is going to impose the death penalty, there isn't aappeal and it's immediate. of course it's a deterrent. holder is going after this fellow that did the boston marathon bombing. what is the right punishment for a guy that blows people apart, little children? >> it's in the constitution. nor cruel and unusual punishment inflicted. when you take someone's life -- >> why do you say it's cruel and unusual when they have the death penalty in every state when the constitution of ratified? >> unusual meaning you're taking a person's life. >> look, it's not altogether rare. texas has it. other states have. >> i'm attacking the prem thaits state can do it in any instance? >> where do you get that? >> a reverence for human life. >> why don't you protect innocent human life? >> i do protect innocent human life. >> how do you punish people that take innocent human laif as a -- >> j