Cruel and unusual redux

As you may remember, I called your attention last week to UCLA law professor Eugene Volokh's suggestion that the Eighth Amendment be modified to allow Iranian-style punishment of mass murderers. After a deluge of criticism from the blogosphere, Volokh made an about-face based on a realization that such a punishment scheme would make many Americans very uncomfortable and likely would cripple the jury system.

A few days later, Volokh was back to defending the need to enjoy criminals' retaliatory punishment, albeit making his argument in a much more rational manner this time. I'm not really sure where this guy's stream of consciousness will flow next, but I'll let you know if I see anything interesting floating by me.