Whether people deviated from the eye for an eye principle or not, the fact remains it comes naurally from the most basic level of sensing justice inside a human being. With that in mind, one may also express the last point in the post below saying that combining and preceeding the "cruel and unusual punishment" with two things requiring a making process ("bail" and "fines") suggests strongly that it was not meant to apply on what is mandated by the eye for an eye principle because it comes naturally and requires no making.
That of course is in addition to how the use of the word "punishment" here may by itself suggest something that involve a creation process. That is because of how much that word can be used to refer to the creation of a reaction to the crime. For example googling "punishment vs. penalty" brought the Phrase " death penalty and capital punishment".
Moreover, those who oppose the death penalty on the "cruel and unusual" ground are not only opposing the equality in the process of making the injury between the dead victim and the criminal as mandated by the eye for an eye principle but also the end result of that process
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