“Although my own opposition to the death penalty will be evident throughout, I have tried to keep my convictions from distorting my account of the views of those who disagree with me.

…An issue of judicially noticeable fact looms as to the necessity or non-necessity for the institution of capital punishment in view of the alternative and available programs including, but not limited to, sentence of imprisonment for a term of years or for life. If there is no necessity for the death penalty, then the death penalty, under the definition stated above, becomes unconstitutional and cannot be imposed legally…”