Adams v. State

Concurring and Dissenting Opinion

DeBruler, J.

For the reasons set out hereafter in this opinion, I cannot vote to sustain the constitutionality of the death penalty. Death as a form of punishment is forbidden by both the Indiana and the United States Constitutions. The first part of this opinion deals with the claim that Art. 1, § 18 of the Indiana Constitution, requiring as it does that the penal code be based upon principles of reformation, prohibits the death penalty. The second part of this opinion deals with the claim that the death penalty is cruel and unusual and as *75such is in violation…