D. The death penalty was first established in the 18th century BC by King Hammurabi of Babylon.
Explanation:
This evidence does not support the claim that the death penalty is a cruel and unusual form of punishment that is too expensive and doesn't deter criminal activity. It simply gives a fact about the history of the death penalty. The other options are all pieces of evidence that can be used to support at least one part of the claim: either that it's too expensive or that it's not a deterrent.
