Isabella Carter
The death penalty has been a contentious issue in the United States for decades, with debates centring on whether it violates the Constitution's Eighth Amendment ban on cruel and unusual punishment. The Supreme Court has played a pivotal role in shaping the application of the death penalty, with landmark cases such as Furman v. Georgia in 1972, where the Court ruled that the death penalty was unconstitutional due to its arbitrary nature, sparking a temporary nationwide abolition. However, this decision was short-lived, as subsequent cases like Gregg v. Georgia in 1976 reinstated capital punishment under restricted conditions. The Court has since refined the scope of the death penalty, excluding certain classes of individuals and crimes. The death penalty remains a divisive topic, with ongoing discussions regarding its constitutionality and ethical implications.
| Characteristics | Values |
|---|---|
| Death penalty violates the Eighth Amendment's ban on cruel and unusual punishment | Hanging, electrocution, and lethal injection do not constitute cruel and unusual punishment |
| Death penalty violates the Fourteenth Amendment's Due Process Clause | Capital punishment can be imposed by the federal government, but some states have abolished it |
| Death penalty is disproportionate to the crime | The penalty is unavailable for cases of child rape and is limited to homicide cases |
| Death penalty is applied arbitrarily | Supreme Court requires an individualized sentencing process that considers the specific facts of the case and the defendant |
| Death penalty is unconstitutional for intellectually/developmentally disabled criminals | Executing intellectually disabled individuals violates the ban on cruel and unusual punishment |
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What You'll Learn
- The death penalty is considered cruel and unusual punishment
- The Eighth Amendment protects individuals from excessive punishment
- Capital punishment is applied in discriminatory ways
- The death penalty is disproportionate in cases of child rape
- The death penalty is banned for intellectually disabled criminals
The death penalty is considered cruel and unusual punishment
The Eighth Amendment of the US Constitution forbids "cruel and unusual punishments". However, this does not categorically prohibit the death penalty. The federal government can still impose capital punishment, and some states have retained these laws, despite a growing trend towards abolition.
The debate over whether the death penalty constitutes cruel and unusual punishment dates back to the Founding Fathers. The Eighth Amendment comprises one of the fundamental rights outlined in the Bill of Rights. It provides several important protections for people convicted of a crime. The most widely known part of the amendment is the protection against "cruel and unusual punishment".
In Trop v. Dulles (1958), the Supreme Court decided that the Eighth Amendment contained an evolving standard of decency that marked the progress of a maturing society. While this was not a death penalty case, abolitionists applied the Court's logic to executions, arguing that the United States had progressed to a point where its "standard of decency" should no longer tolerate the death penalty.
In 1972, the Supreme Court ruled in Furman v. Georgia that the death penalty was an unconstitutional violation of the Eighth Amendment's ban on cruel and unusual punishment. The Court held that a punishment would be cruel and unusual if it was too severe for the crime, arbitrary, offended society's sense of justice, or was not more effective than a less severe penalty. This ruling led to the commutation of 629 death sentences nationwide.
However, in 1976, in a series of decisions called the Gregg cases, the Court confirmed that capital punishment was legal in the United States, but under limited circumstances. The Court rejected automatic sentencing to death and stated that death sentences must be based on aggravating and mitigating circumstances, addressing the issue of discrimination. The Court also noted that the death penalty does not inherently violate the Constitution, emphasising its role in deterring crime and providing retribution.
The Supreme Court has handed down many decisions that define when and how the death penalty can be used. For example, in Coker v. Georgia (1977), the Court held that a penalty must be proportional to the crime; otherwise, it violates the Eighth Amendment's prohibition against cruel and unusual punishment. In Kennedy v. Louisiana (2008), the Court extended this ruling, holding that the death penalty was disproportionate in cases involving the rape of a child.
The death penalty is also considered cruel and unusual punishment when applied to certain classes of people. In Atkins v. Virginia (2002), the Supreme Court decided that executing intellectually or developmentally disabled criminals violates the ban on cruel and unusual punishment, as their cognitive disability lessens the severity of the crime. Similarly, in Roper v. Simmons (2005), the Court banned the death penalty for all juvenile offenders, citing teenagers' lack of maturity and responsibility, greater vulnerability to negative influences, and incomplete character development.
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The Eighth Amendment protects individuals from excessive punishment
The Eighth Amendment of the US Constitution protects individuals from excessive punishment. The amendment forbids "cruel and unusual punishment", which has been interpreted to include disproportionate penalties. This means that the punishment must fit the crime and the circumstances of the criminal.
The Eighth Amendment does not categorically prohibit the death penalty. However, it does provide protections for individuals facing legal proceedings and capital punishment. For example, in Kennedy v. Louisiana (2008), the Supreme Court held that the death penalty was disproportionate in a case involving the rape of a child. The Court found that only six states allowed the death penalty for this crime, and therefore national consensus rendered the death penalty disproportionate in these cases.
The Supreme Court has also held that executing intellectually or developmentally disabled criminals violates the ban on "cruel and unusual punishment" because their cognitive disability lessens the severity of the crime and renders the death penalty disproportionately severe. In addition, the Court has banned the death penalty for all juvenile offenders, citing teenagers' lack of maturity and responsibility, greater vulnerability to negative influences, and incomplete character development.
The Eighth Amendment also protects individuals from excessive bail and excessive fines. Bail allows defendants to be released from pretrial detention by paying a monetary sum, and excessive fines can be a form of punishment that is disproportionate to the offence.
The interpretation of the Eighth Amendment is evolving, and the Supreme Court has considered objective factors that may show changes in social norms when reviewing Eighth Amendment challenges. The Court has also addressed issues of discrimination and arbitrary sentencing in capital cases, holding that sentencing procedures must not result in arbitrary or capricious sentencing.
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Capital punishment is applied in discriminatory ways
The death penalty has long been criticised for being racially biased. In the 20th century, when the death penalty was applied for the crime of rape, 89% of executions involved black defendants, mostly for the rape of a white woman. In the modern era, 75% of executions involve the murder of white victims, despite around half of all homicide victims in America being black. This bias towards white-victim cases has been observed in numerous studies.
In Batson v. Kentucky (1986), the Supreme Court ruled that a prosecutor who strikes a disproportionate number of citizens of the same race when selecting a jury must provide race-neutral reasons for their strikes. In Miller-El v. Dretke (2005), the Court found that the prosecutor's explanations for striking potential black jurors indicated discriminatory intent.
In 1972, Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas (collectively known as Furman v. Georgia) challenged the arbitrary nature of capital punishment under the Eighth Amendment. Furman argued that capital cases resulted in arbitrary and capricious sentencing, and that Georgia's death penalty statute, which gave the jury complete sentencing discretion, could result in arbitrary sentencing. The Supreme Court agreed, setting the standard that a punishment would be "cruel and unusual" if it was too severe for the crime, arbitrary, offended society's sense of justice, or was not more effective than a less severe penalty.
In 1971, the Supreme Court addressed the problems associated with the role of jurors and their discretion in capital cases in Crampton v. Ohio and McGautha v. California. The defendants argued that it was a violation of their Fourteenth Amendment right to due process for jurors to have unrestricted discretion in deciding whether the defendants lived or died, resulting in arbitrary and capricious sentencing. The Court, however, rejected these claims, thereby approving of unrestricted jury discretion and a single proceeding to determine guilt and sentence.
There is growing evidence that racial bias continues in society, particularly within the criminal justice system. The existence of implicit racial bias among law enforcement officers, witnesses, jurors, and others allows for the harsher punishment of minorities, even without legal sanction or intention.
Racial disparities have been observed not just in isolated instances but in many state studies over the years. The death penalty system treats people better if they are rich and guilty than if they are poor and innocent. As a result, a significant number of innocent people have been sentenced to death.
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The death penalty is disproportionate in cases of child rape
The death penalty has long been a contentious issue in the United States, with the Constitution's Eighth Amendment at the centre of the debate. The Eighth Amendment forbids "cruel and unusual punishment", and while this does not categorically prohibit the death penalty, it has been used to challenge its application in certain cases.
In Kennedy v. Louisiana (2008), the Supreme Court held that the death penalty is categorically unavailable for cases of child rape where the victim lives. The Court's decision was based on the principle of proportionality, which states that a penalty must be proportional to the crime. In this case, the Court found that the death penalty was disproportionate to the crime of child rape and thus violated the Eighth Amendment. This ruling extended the Court's previous decision in Coker v. Georgia (1977), which held that the death penalty was unconstitutional for the rape of an adult woman.
The Kennedy v. Louisiana ruling considered the rarity of the death penalty for child rape cases, with only six states permitting it at the time. The Court determined that this national consensus rendered the death penalty disproportionate in these cases. The Court also emphasised the difficulty in narrowing the class of death-penalty eligible rapes, particularly in ensuring that the penalty is reserved for the most severe cases without imposing it in an arbitrary manner. Additionally, the Court noted that allowing capital punishment in such cases would not serve a legitimate retributive purpose as it does not lessen the hurt of the child rape victim.
Despite the Kennedy v. Louisiana ruling, some states have continued to introduce legislation authorising the death penalty for child rape. For example, in 2023, Florida passed a law providing for the death penalty for child sexual abuse, and other states are considering similar legislation. These developments have sparked concerns about the constitutionality of imposing the death penalty in cases of child rape where the victim does not die, as it contradicts Supreme Court precedent.
In conclusion, the death penalty in cases of child rape is considered disproportionate and a violation of the Eighth Amendment's prohibition against cruel and unusual punishment. The Supreme Court has emphasised the need for proportionality between the crime and the punishment, taking into account national consensus and the evolving standards of decency in the community. While some states have challenged this precedent, the Kennedy v. Louisiana ruling remains a significant constraint on the application of the death penalty in non-homicide cases.
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The death penalty is banned for intellectually disabled criminals
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but this does not rule out the death penalty entirely. However, in Atkins v. Virginia, the Supreme Court ruled that executing intellectually disabled criminals violates the ban on cruel and unusual punishment. The Court found that the cognitive disability of intellectually disabled criminals lessens the severity of the crime, and therefore the death penalty is a disproportionately severe punishment.
The Atkins case was a significant moment in the history of the death penalty, as it had the potential to spare the lives of many vulnerable defendants. The Court's rationale provided a blueprint for achieving other limitations on the use of the death penalty. The ruling means that states with the death penalty are under a constitutional mandate to craft legislation and procedures to ensure that people with intellectual disabilities are not executed.
The question of a national ban on the use of capital punishment for those with intellectual disabilities was initially rejected by the Supreme Court in 1989. The Court found insufficient evidence that society disapproved of the practice. However, between 1989 and 2002, sixteen states outlawed executing intellectually disabled people, bringing the total to eighteen of the 38 states that have the death penalty. The Court also looked to public opinion polls that consistently showed support for banning executions for people with intellectual disabilities.
In 2005, the American Civil Liberties Union (ACLU) reported that people with intellectual disabilities are at a higher risk of wrongful convictions and death sentences. They may be more likely to falsely confess to a crime because they want to please the authorities investigating it. They are also less able to work with their lawyers to prepare their defence. The ACLU also noted that the stigma attached to intellectual disabilities can lead to people hiding their disability, even from their lawyer. As a result, state legislatures across the US have been working to bring their laws into compliance with the Atkins decision.
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Frequently asked questions
The Eighth Amendment of the US Constitution protects citizens against "cruel and unusual punishments". The death penalty has been deemed by some to be a cruel and unusual punishment and therefore unconstitutional. The Supreme Court has also ruled that a death sentence is unconstitutional if it is arbitrary, if it offends society's sense of justice, or if it is not more effective than a less severe penalty.
In 1972, the Supreme Court ruled in Furman v. Georgia that the death penalty was an unconstitutional violation of the Eighth Amendment. In 1977, the Supreme Court ruled in Coker v. Georgia that a penalty must be proportional to the crime, otherwise, it violates the Eighth Amendment. In 2002, the Supreme Court ruled in Atkins v. Virginia that executing intellectually/developmentally disabled criminals violates the ban on "cruel and unusual punishment".
States have introduced mandatory appellate review processes for all death penalty cases to ensure that convictions and sentences are subject to rigorous scrutiny. They have also introduced provisions for the consideration of mitigating factors such as mental health during sentencing hearings.
