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Thats actually valid, I was simply pointing out that its just not adding to the cruel and unusual punishment element.
You don't believe the state destroying all of someones possessions after conviction then death doesn't add to cruel and unusual punishment?
The difference here is the actions of a state versus the actions of an individual. When its the actions of an individual it should be a case by case IMO burning shit is kinda instinctive. But for the state it is a seperate case altogether since instinct shouldnt factor in. Also this would better be covered by arson and wrongful destruction of property.
Dead's dead, dude.