“[Capital punishment] violates the Eighth Amendment because it is morally unacceptable to the people of the United States at this time in their history. In judging whether or not a given penalty is morally acceptable, most courts have said that the punishment is valid unless ‘it shocks the conscience and sense of justice of the people.’ Assuming knowledge of all the facts presently available regarding capital punishment, the average citizen would, in my opinion, find it shocking to his conscience and sense of justice. For this reason alone, capital punishment cannot stand.”