I'm actually inclined to agree with Tuff and Xiahou on this one.

I say, let the legislature/people decide. I, personally, am very for capital punishment. I think that the death penalty is no where near cruel and unusual in its current incarnation. You get decades to appeal and your death is now painless and relatively quick. The only form of punishment that seems cruel and unusual for me would be anything involving torture or extending punishment to those related to the criminal, but not participants of the crime