Answer the Following: (Does or Does not) commit a fallacy; specifically, it (Does or Does not) commit a red herring fallacy.
Mr. Jones has argued that the death penalty is cruel and unusual punishment and, therefore, that it should be abolished. But Mr. Jones has to explain what the purposes of "punishment" under the law are and what specifically would be "cruel and unusual" given these purposes. Since he has not done this, we do not have ample reason to accept Mr. Jones's conclusion.