>>511236341
https://en.m.wikipedia.org/wiki/Kennedy_v._Louisiana
Because 6 supreme Court justices said so.
>Kennedy,
>Stevens
>Souter
>Ginsburg
>Breyer
They all voted that you can't apply the death penalty unless someone dies. This is absolutely insane because in the Constitution the only crime explicitly mentioned with a penalty of death is treason. In theory someone can commit treason without killing someone (see: Rosenbergs).