Jonah Patel
The death penalty is a contentious issue that has been the subject of much debate and legal scrutiny. While it is not explicitly prohibited by the Constitution, the Eighth Amendment, which protects against cruel and unusual punishments, has been interpreted in various ways to challenge its legality. The Supreme Court has played a pivotal role in shaping the application of the death penalty, with landmark cases such as Furman v. Georgia, where the Court ruled that the death penalty was unconstitutional due to its arbitrary nature, sparking a temporary nationwide abolition. However, the death penalty was later reinstated under certain conditions, and the Court has since refined its stance, considering factors such as proportionality, intellectual disability, and juvenile status. The debate continues, with ongoing discussions surrounding the role of courts in interpreting constitutional rights and the evolving standards of decency in society.
| Characteristics | Values |
|---|---|
| Death penalty violates the Eighth Amendment's ban on cruel and unusual punishment | The Eighth Amendment prohibits cruel and unusual punishment, but it does not categorically prohibit the death penalty. |
| Death penalty violates the Fourteenth Amendment's Due Process Clause | The Fourteenth Amendment's Due Process Clause, along with the Eighth Amendment, applies to the states and the federal government. |
| Death penalty is disproportionate to the crime | In Coker v. Georgia, the Supreme Court held that a penalty must be proportional to the crime; otherwise, it violates the Eighth Amendment. |
| Death penalty is applied in discriminatory ways | In Furman v. Georgia, the Supreme Court determined that existing sentencing procedures in capital cases violated the Eighth Amendment because evidence showed that the death penalty was applied in discriminatory ways. |
| Death penalty is arbitrary and capricious | The Supreme Court has held that death sentences cannot be characterized by "arbitrariness and capriciousness." |
| Death penalty is not applied consistently across the states | After the Furman decision, 35 states rewrote their laws to comply with the Court's ruling, indicating a lack of uniformity in the application of the death penalty. |
| Death penalty infringes on due process rights | In Crampton v. Ohio and McGautha v. California, the defendants argued that it was a violation of their Fourteenth Amendment due process rights for jurors to have unrestricted discretion in deciding whether they should live or die. |
| Death penalty infringes on equal protection rights | The U.S. Supreme Court has addressed equal protection rights in the context of the death penalty. |
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What You'll Learn
The death penalty is considered ''cruel and unusual' punishment
The Eighth Amendment of the US Constitution forbids "cruel and unusual punishments". However, the interpretation of what constitutes "cruel and unusual" has been a matter of debate since the Founding Fathers.
In 1789, during the debate over the Bill of Rights, Samuel Livermore of New Hampshire argued that punishments such as hanging, whipping, and cutting off a person's ears were sometimes necessary. He suggested that more lenient punishments could be adopted in the future, but that society was not yet at a point where cruel punishments could be prohibited.
In the 1960s, the NAACP Legal Defense and Educational Fund challenged the constitutionality of the death penalty, marking the beginning of its decline. In 1971, the Supreme Court rejected a due process challenge to capital punishment. However, in 1972, the Court changed its direction in Furman v. Georgia, when it decided that the death penalty application was unconstitutional in three cases. The Court agreed, by a vote of 5-4, that the death penalty was applied in an arbitrary and capricious manner, with jurors having complete discretion on when to impose it. This marked a significant shift in the interpretation of the Eighth Amendment, as the Court recognised that the arbitrary application of the death penalty could constitute cruel and unusual punishment.
In Coker v. Georgia (1977), the Supreme Court held that a penalty must be proportional to the crime, otherwise, it violates the Eighth Amendment's prohibition against cruel and unusual punishment. The Court considers the gravity of the offense, the stringency of the penalty, how the jurisdiction punishes other criminals, and how other jurisdictions punish the same crime. In Kennedy v. Louisiana (2008), the Court extended this ruling, holding that the death penalty is categorically unavailable for cases of child rape, as only six states permitted this penalty, rendering it disproportionate.
While the Supreme Court has held that the death penalty does not inherently violate the Constitution, it has placed restrictions on when and how it can be used. The manner of execution must not inflict unnecessary or wanton pain upon the criminal. Hanging and electrocution have not been invalidated on Eighth Amendment grounds, and lethal injection has been upheld by the Supreme Court on multiple occasions. However, the Court has excluded certain classes of people from capital punishment, including the intellectually disabled and juveniles, and has eliminated rape and felony murder as capital crimes.
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It violates the Due Process Clause of the Fourteenth Amendment
The Due Process Clause of the Fourteenth Amendment is the source of an array of constitutional rights, including some of the most cherished and some of the most controversial. The Fourteenth Amendment was intended to provide federal protection of individual rights against the states.
The Due Process Clause guarantees "due process of law" before the government may deprive someone of "life, liberty, or property". In other words, the Clause does not prohibit the government from depriving someone of “substantive” rights such as life, liberty, or property; it simply requires that the government follow the law.
The Due Process Clause of the Fourteenth Amendment incorporates the Eighth Amendment ban on cruel and unusual punishment and applies it to the states. When reviewing an Eighth Amendment challenge, a court must decide whether a punishment is cruel or unusual according to evolving standards of decency in the community.
The Due Process Clause of the Fourteenth Amendment has also been interpreted by the Supreme Court to require a neutral judge. In certain circumstances, the Clause requires a judge to recuse themselves on account of a potential or actual conflict of interest. For example, in Caperton v. A. T. Massey Coal Co. (2009), the Court ruled that a justice of the Supreme Court of Appeals of West Virginia could not participate in a case involving a major donor to his election to that court.
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It is disproportionate in cases of child rape
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but this does not categorically prohibit the death penalty. The federal government and some states can still impose capital punishment. However, the death penalty is disproportionate in cases of child rape and is therefore unconstitutional.
In Kennedy v. Louisiana (2008), the Supreme Court held that the death penalty is categorically unavailable for cases of child rape in which the victim lives. The Court found that only six states permitted the death penalty for child rape, and a national consensus rendered the punishment disproportionate. The Court's ruling was based on both consensus and its own independent judgment. The Court considered the gravity of the offense and the stringency of the penalty, as well as how other jurisdictions punish the same crime.
The Court also noted that no individual has been executed for the rape of an adult or child since 1964, and no execution for any other non-homicide offense has been conducted since 1963. The Court further expressed concern about the "special risk of wrongful execution" in child rape cases due to unreliable, induced, or even imagined child testimony. Additionally, making the punishment for child rape equivalent to murder may remove the incentive for the rapist not to kill the victim.
The death penalty for child rape was deemed to have serious negative consequences and was not considered a proportional punishment. It was argued that executing child rapists would likely worsen the problem of underreporting, as the overwhelming majority of sexual abuse is committed by family members or close family friends, leading victims and witnesses to remain silent.
The Supreme Court's ruling in Kennedy v. Louisiana set a precedent that the death penalty for child rape is unconstitutional, as it violates the Eighth Amendment's prohibition against cruel and unusual punishment.
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It is applied in discriminatory ways
The application of the death penalty has been a contentious issue in the United States, with critics arguing that it is applied in discriminatory ways, targeting minorities, the poor, and the politically unpopular. This was evident in the landmark case of Furman v. Georgia in 1972, where the Supreme Court ruled that the death penalty was unconstitutional due to its arbitrary and capricious sentencing, violating the Eighth Amendment's ban on cruel and unusual punishment.
The Furman case highlighted the issue of discriminatory application of the death penalty, particularly towards minority defendants. In the years following Furman, 35 states rewrote their laws to address the Court's concerns. However, the issue of discrimination persisted, as evidenced by the following:
Disproportionate Impact on Minorities and the Impoverished
The death penalty has been criticized for disproportionately affecting defendants from minority populations and impoverished backgrounds. This criticism was addressed in the Furman case, where the Court acknowledged that the death penalty was applied in discriminatory ways, violating the Eighth Amendment. This discrimination was also noted by Justice William O. Douglas, who expressed concern about the disproportionate imposition of the death penalty on Black defendants, the poor, and those with unpopular political views.
Arbitrary and Capricious Sentencing
The death penalty has been criticized for its arbitrary and capricious sentencing, where jurors often had complete discretion on when to impose it. This was a key argument in the Furman case, where the Supreme Court found that Georgia's death penalty statute, which gave jurors sentencing discretion, resulted in arbitrary sentencing. The Court's decision set a standard that punishment would be considered cruel and unusual if it was arbitrary, offended society's sense of justice, or was not more effective than a less severe penalty.
Evolving Standards of Decency
The interpretation of the Eighth Amendment's ban on cruel and unusual punishment has evolved over time. In Trop v. Dulles (1958), the Supreme Court determined that the Eighth Amendment contained an evolving standard of decency that marked the progress of a maturing society. Abolitionists applied this logic to executions, arguing that the United States had progressed to a point where the death penalty violated evolving standards of decency. This interpretation has been reaffirmed in subsequent cases, where courts consider objective factors to determine if a punishment constitutes cruel and unusual punishment.
Individualized Sentencing
To address the issue of discriminatory application, courts have emphasized the need for individualized sentencing processes. This requires that any death penalty decision by a jury must be based on the specific facts of the case and the defendant's circumstances. The Supreme Court has refined the requirement of aggravating factors in cases like Brown v. Sanders (2006), ensuring that sentencing considers both aggravating and mitigating circumstances.
In conclusion, while the death penalty has not been categorically prohibited, steps have been taken to address its discriminatory application. The Supreme Court's rulings in Furman and subsequent cases have set standards for proportionality, individualized sentencing, and evolving standards of decency to ensure that the death penalty is applied fairly and justly. However, the persistent disparities in its imposition on minority and impoverished defendants remain a concern, requiring continued scrutiny and reform to uphold the constitutional protections guaranteed by the Eighth Amendment.
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It is imposed in an arbitrary and capricious manner
The death penalty has been a topic of debate in the United States for decades, with many arguing that it goes against the Constitution, specifically in the way it is imposed in an arbitrary and capricious manner. This issue of arbitrariness has been brought before the Supreme Court on several occasions, with landmark cases such as Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas challenging the constitutionality of the death penalty.
In Furman v. Georgia (1972), the Supreme Court held that Georgia's death penalty statute, which gave the jury complete sentencing discretion, could result in arbitrary sentencing. The Court set the standard that a punishment would be considered cruel and unusual if it was too severe for the crime, arbitrary, offensive to society's sense of justice, or less effective than a less severe penalty. This ruling invalidated existing death penalty laws that were deemed to be applied in a discriminatory manner, disproportionately affecting minority and impoverished communities.
The Supreme Court further addressed the issue of arbitrariness in capital cases in Crampton v. Ohio and McGautha v. California (1971). 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. However, the Court rejected these claims, approving of unfettered jury discretion.
In Ring v. Arizona (2002), the Supreme Court held that it is unconstitutional for a sentencing judge, sitting without a jury, to find an aggravating circumstance necessary for the imposition of the death penalty. This decision reinforced the requirement of a finding of aggravating factors and the need for an individualized sentencing process that considers the particular circumstances of the criminal.
Despite these rulings, the death penalty continues to be imposed in a manner that is often arbitrary and capricious. There is substantial evidence in murder cases that courts have sentenced some persons to prison while putting others to death arbitrarily, with racial discrimination being a significant factor. The American Civil Liberties Union (ACLU) opposes capital punishment on constitutional grounds, arguing that its imposition is frequently arbitrary and irrevocable, permanently depriving individuals of the opportunity to benefit from new evidence or laws that could warrant the reversal of a conviction.
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Frequently asked questions
The Eighth Amendment of the Constitution forbids "cruel and unusual punishment". While this does not categorically prohibit the death penalty, it does provide protection against excessive punishment and protects the rights of individuals facing legal proceedings.
In 1910, the Court broadened its interpretation of the Eighth Amendment in Weems v. United States, referencing an earlier death-sentence case, In re Kemmler from 1890, which held that the first use of the electric chair was constitutional under the 8th and 14th Amendments. In 1958, the Supreme Court decided in Trop v. Dulles that the Eighth Amendment contained an "evolving standard of decency that marked the progress of a maturing society". This laid the groundwork for the argument that the death penalty was "cruel and unusual" punishment and therefore unconstitutional.
The argument for the death penalty being unconstitutional centres around the idea of arbitrariness and capriciousness. In Furman v. Georgia (1972), the Supreme Court held that Georgia's death penalty statute, which gave the jury complete sentencing discretion, could result in arbitrary sentencing. This set a precedent that punishment would be cruel and unusual if it was too severe for the crime, if it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty.
The Supreme Court has held that a death sentence is not inherently cruel and unusual. However, it has handed down many decisions that define when and how the death penalty can be used. For example, in Coker v. Georgia (1977), the Supreme Court held that a penalty must be proportional to the crime, otherwise, it violates the Eighth Amendment. In Kennedy v. Louisiana (2008), the Supreme Court held that the death penalty was disproportionate in a case involving the rape of a child.
There is a growing trend towards abolition of the death penalty at the state level. Capital litigation has become far more complex, and the costs have soared, persuading many local prosecutors to avoid seeking the death penalty.
