Death Penalty: Constitutional Debate

The death penalty, also known as capital punishment, is a state-sanctioned punishment for executing an individual for a specific crime. The topic of whether or not the death penalty is constitutional has been widely debated, with some arguing that it is an essential tool for deterring and punishing those who commit heinous crimes, while others believe it offends the legal commitment to provide due process and equal treatment. The death penalty has been deemed unconstitutional in some states, with the Supreme Court ruling that it violates the Eighth Amendment's ban on cruel and unusual punishment, but it is still considered constitutional in others. The debate surrounding the death penalty's constitutionality centres around the interpretation of the Eighth Amendment and the evolving standards of decency in American society.

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The death penalty as a deterrent

The death penalty, also known as capital punishment, is a state-sanctioned punishment for specific crimes. It is often regarded as a deterrent and the only proper punishment for the vilest crimes. The US Constitution and the laws of the United States authorise capital punishment, and it continues to enjoy broad popular support.

The death penalty is considered an essential tool for deterring and punishing those who commit heinous crimes and acts of lethal violence against citizens. It is believed that only capital punishment can bring justice and restore order in response to such evil. The government's responsibility to protect its citizens from abhorrent acts is a key argument in favour of the death penalty.

However, the death penalty has been criticised for its irredeemable flaws and moral offensiveness. There is a growing trend towards abolition, with increasing concerns about problems with its administration. The death penalty is seen as a violation of the legal commitment to provide due process and equal treatment. Additionally, there are concerns about wrongful convictions, inadequate legal representation, faulty evidence, discrimination, prejudice, and eyewitness misidentification. Empirical evidence indicates that certain groups, including minorities and members of the LGBTQI+ community, are more frequently targeted by prosecutors seeking the death penalty.

The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment. However, the Eighth Amendment shapes procedural aspects regarding when a jury may use the death penalty and how it must be carried out. The Fourteenth Amendment's Due Process Clause extends the Eighth Amendment's protection to the states. The Supreme Court has fine-tuned the administration of the death penalty to address concerns about arbitrariness and discrimination.

The death penalty is a highly controversial issue, with strong arguments on both sides. While some view it as a necessary deterrent and a just punishment, others criticise it for its moral, legal, and administrative flaws.

Cruel and unusual punishment

The Eighth Amendment of the US Constitution forbids cruel and unusual punishment. However, the federal government can still impose capital punishment, and some states have retained these laws despite a growing trend toward abolition. The US Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment.

In Furman v. Georgia (1972), the Court invalidated existing death penalty laws, deeming them cruel and unusual punishment and in violation of the Eighth Amendment. The Court reasoned that the laws resulted in a disproportionate application of the death penalty, specifically discriminating against minority and impoverished communities. The Court also argued that the laws terminated life in exchange for marginal contributions to society.

In the late 1960s, the Supreme Court began to "fine-tune" the way the death penalty was administered. In Witherspoon v. Illinois (1968), the Court held that a potential juror's reservations about the death penalty were insufficient grounds to prevent them from serving on a death penalty jury. Jurors could only be disqualified if their attitude towards capital punishment would prevent them from making an impartial decision.

In 1976, the Supreme Court approved guided discretion statutes in Gregg v. Georgia, Jurek v. Texas, and Proffitt v. Florida (collectively referred to as the Gregg decision). This landmark decision held that the death penalty statutes in Florida, Georgia, and Texas were constitutional, thus reinstating capital punishment in those states. The Court also ruled that the death penalty itself was constitutional under the Eighth Amendment.

The legality of lethal injection as a method of execution has been upheld by the Supreme Court on multiple occasions, including in Glossip v. Gross (2015). However, in Atkins v. Virginia (2002), the 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.

Empirical evidence indicates that certain groups, including minorities and members of the LGBTQI+ community, are more frequently targeted by prosecutors seeking the death penalty and are more often sentenced to death. Additionally, individuals are more likely to be sentenced to death when the victim is non-minority or wealthy. In the US, racial bias is particularly evident, with a higher likelihood of a death sentence when the victim is white.

The death penalty and discrimination

The death penalty has long been scrutinized for its racial bias. In the modern era, executions have been limited to cases in which a victim was killed, eliminating the huge racial bias present in death penalty cases for non-lethal offenses. However, significant race-of-defendant and race-of-victim biases remain. Executions disproportionately involve white victims, suggesting an inappropriate race-based conception of what constitutes the "worst of the worst" killings.

Racial bias against defendants of color and in favor of white victims strongly influences who is prosecuted, sentenced to death, and executed. A 2005 study in California found that homicides with white victims are 3.7 times more likely to result in the death penalty than homicides with African American victims and 4.73 times more likely than homicides with Hispanic victims. A 2017 study in Oklahoma found that cases with white female victims, cases with white male victims, and cases with minority female victims are significantly more likely to end with a death sentence than cases with non-white male victims.

In the United States, cruel punishment is explicitly banned by the Constitution's Eighth Amendment. 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." Abolitionists applied this logic to executions and maintained that the United States had progressed to a point where its "standard of decency" should no longer tolerate the death penalty. Despite this, the United States stands alone among developed nations in terms of the brutality and scale of its capital punishment regime.

Capital punishment is considered an essential tool for deterring and punishing those who commit heinous crimes and acts of lethal violence against citizens. It is argued that capital punishment is the only proper punishment for the vilest crimes and that it brings justice and restores order. However, judges who oppose capital punishment have claimed that it is unconstitutional and offend against the legal commitment to provide due process and equal treatment.

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Wrongful convictions

There are several factors that contribute to wrongful convictions in death penalty cases. Official misconduct, including perjury or false accusations, is one of the leading causes. Data shows that 87% of Black exonerees who were sentenced to death experienced official misconduct, compared to 67% of white exonerees. This disparity highlights the racial bias that persists in the criminal justice system. In addition, inadequate defense lawyers can also lead to wrongful convictions. Defendants may be failed by their lawyers who do not object at trials, making it harder to correct errors on appeal.

Furthermore, eyewitness misidentification, unreliable forensic evidence, and racial bias have also played roles in wrongful convictions. In some instances, people have come within days of being executed before their innocence was proven. For example, Sabrina Butler-Smith was wrongfully convicted and sentenced to death at 17 for causing the death of her nine-month-old son. After two years and nine months on death row, her conviction was overturned, and it was determined that her son died from a serious medical condition.

The risk of executing an innocent person is a serious concern and has led to debates about whether this is a sufficient reason to abolish the death penalty. While there is no definitive proof that an innocent person has been executed since the Supreme Court reinstated the death penalty in 1976, the possibility remains. Opponents of the death penalty argue that the risk of wrongful convictions outweighs the benefits of capital punishment. They emphasize that the appeals process, focused on legal errors rather than factual determinations, may not catch all mistakes.

However, supporters of the death penalty argue that the lack of definitive proof of an innocent person being executed demonstrates the effectiveness of the current system. They acknowledge the risk of wrongful convictions but believe it is not a strong enough reason to abolish capital punishment. Instead, they advocate for reforms to improve the accuracy and fairness of the justice system.

Methods of execution

The death penalty has been carried out through various methods, some of which are still practised today, while others are historical or have been replaced by new methods.

Hanging

Hanging was a common method of execution in the past, and it is still authorized in some countries such as China, Indonesia, North Korea, Saudi Arabia, Somalia, Taiwan, and Yemen. The “long drop” method is the most common, where the length of the drop is calculated based on the prisoner's weight to ensure a quick death. If the drop is too long, decapitation can occur, and if it's too short, strangulation can take up to 45 minutes. In the US, hanging was used as a means of execution from 1819 to 1923 in the State of Texas. Delaware and Washington also authorized hanging before abolishing the death penalty in 2016 and 2018, respectively.

Electrocution

Electrocution, also known as the electric chair, has been used as a method of execution in the past and is still authorized in some states like Florida and Tennessee. The last recorded use of the electric chair was in Florida in 1999, with graphic images showing the aftermath. However, some legislators advocate for its return due to the difficulty in obtaining lethal injection drugs.

Lethal Injection

Lethal injection is the most widely used method of execution today. It typically involves three chemicals: sodium pentotal (an anaesthetic), pancuronium bromide (to paralyse the prisoner), and potassium chloride (to stop the heart). However, there have been instances of botched executions, with some inmates taking up to 26 minutes to die. The use of lethal injection has also been controversial, with some states allowing alternative methods if lethal injection is unavailable or deemed unconstitutional.

Firing Squad

The firing squad is another method of execution that involves the prisoner being bound to a chair or a pole, with a black hood over their head. A group of shooters, usually no fewer than five, aim for the prisoner's heart from a distance of up to 20 feet. If the shooters miss their target, the prisoner can slowly bleed to death.

Lethal Gas

Lethal gas, specifically nitrogen gas, has been introduced as an alternative method of execution in some states like Oklahoma and Alabama. This method, known as "nitrogen hypoxia," involves forcing the prisoner to breathe pure nitrogen, depriving the brain and body of oxygen, resulting in death by suffocation.

Other Methods

Historically, various other methods of execution have been used, including beheading, which is still practised in Saudi Arabia, and other forms of torture intended to inflict pain and suffering.

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