Isabella Carter
The constitutionality of the death penalty has been a contentious issue in the United States, with debates centred on the Eighth Amendment's ban on cruel and unusual punishment. The Supreme Court's ruling in Furman v. Georgia (1972) marked a turning point, holding that existing death penalty laws were unconstitutional due to their discriminatory application and arbitrariness. This sparked legislative reforms and a temporary moratorium on executions. The Court later clarified in Gregg v. Georgia (1976) that the death penalty itself was not inherently unconstitutional, but procedural safeguards and sentencing guidelines were necessary to address discrimination and arbitrariness. The death penalty remains a divisive topic, with ongoing discussions about its effectiveness, morality, and compliance with constitutional rights.
| Characteristics | Values |
|---|---|
| The death penalty is a violation of the constitutional guarantee of equal protection | It is applied randomly and discriminatorily |
| The death penalty is a violation of the Eighth Amendment's ban on cruel and unusual punishment | Furman v. Georgia, 408 U.S. 238 (1972) invalidated existing death penalty laws because they constituted cruel and unusual punishment |
| The death penalty is a violation of the Fourteenth Amendment's Due Process Clause | Furman v. Georgia, 408 U.S. 238 (1972) |
| The death penalty is a violation of the Fifth Amendment | Before the 1960s, the Fifth Amendment was interpreted as permitting the death penalty |
| The death penalty is a violation of the Fourteenth Amendment | Before the 1960s, the Fourteenth Amendment was interpreted as permitting the death penalty |
| The death penalty is a violation of the Eighth Amendment | The death penalty is cruel because it is a relic of the earliest days of penology, when slavery, branding, and other corporal punishments were commonplace |
| The death penalty is not a violation of the Eighth Amendment | The Supreme Court has held that a death sentence is not inherently cruel and unusual |
| The death penalty is not a violation of the Constitution | The Supreme Court ruled in 1976 that "the punishment of death does not invariably violate the Constitution" |
| The death penalty is not a violation of the Eighth Amendment | The Eighth Amendment does not categorically prohibit the death penalty |
| The death penalty is not a violation of the Constitution | The Court held in Gregg v. Georgia that the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence |
| The death penalty is not a violation of the Eighth Amendment | The primary execution method in the US, lethal injection, has been upheld by the Supreme Court on multiple occasions |
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What You'll Learn
The Eighth Amendment and the death penalty
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment. However, the Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment. Nevertheless, the Eighth Amendment does shape certain procedural aspects of the death penalty, including when a jury may use it and how it must be carried out.
In Furman v. Georgia, the Supreme Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment. The Court reasoned that the laws resulted in a disproportionate application of the death penalty, specifically discriminating against impoverished and minority communities. The Court also reasoned that the existing laws terminated life in exchange for marginal contributions to society. The Furman decision set the standard that a 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.
In Gregg v. Georgia, the Supreme Court refused to expand Furman, holding that the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence. The Court upheld Georgia's new capital sentencing procedures, reasoning that they reduced the problem of arbitrary application as seen in earlier statutes. The Court also noted that the death penalty does not inherently violate the Constitution.
In Coker v. Georgia, 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 looks at 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, the Supreme Court extended its ruling in Coker, holding that the death penalty is categorically unavailable for cases of child rape in which the victim lives. The Court found that national consensus rendered the death penalty disproportionate in these cases.
In Kansas v. Marsh, the Supreme Court clarified that states may impose the death penalty when the jury finds any aggravating and mitigating factors to be equally weighted, without violating the principle of individualized sentencing. A legislature may prescribe the manner of execution, but it may not inflict unnecessary or wanton pain upon the criminal.
In Baze v. Rees, the Supreme Court held that lethal injection does not constitute cruel and unusual punishment. The Court applied an "objectively intolerable" test to determine if the method of execution violates the Eighth Amendment's ban on cruel and unusual punishment.
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Discrimination and the death penalty
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but this does not categorically prohibit the death penalty. The federal government can still impose capital punishment, and some states have kept these laws, despite a growing trend towards abolition at the state level. The Fourteenth Amendment's Due Process Clause incorporates the Eighth Amendment ban on cruel and unusual punishment, and applies it to the states.
In Furman v. Georgia (1972), the Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment. The Court reasoned that the laws resulted in a disproportionate application of the death penalty, specifically discriminating against impoverished and minority communities. The Furman decision set the standard that a 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.
In McCleskey v. Kemp (1987), the US Supreme Court reviewed the issue of racial discrimination and the death penalty. McCleskey's proof of discrimination rested on a study conducted by David Baldus, which examined nearly 2,500 homicides between 1973 and 1979 to determine whether there was racial bias in sentencing. The data analysis showed a clearly disproportionate use of the death penalty when victims were white compared to when they were black. According to the study, nearly 6 in 10 defendants who were sentenced to death for killing white victims would not have received this sentence had their victims been black.
Research has also indicated a pattern of racial disparities in the charging, sentencing, and imposition of the death penalty. More than three-fourths of the studies found that black defendants were more likely to receive the death penalty. The results show a strong influence of the race of the victim: the death penalty sentence was more likely to be sought and imposed when the victim was white.
In Gregg v. Georgia, the Court refused to expand Furman, holding that the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence. The Court upheld Georgia's new capital sentencing procedures, reasoning that the rules reduced the problem of arbitrary application as seen in earlier statutes. The Court also noted that the death penalty does not inherently violate the Constitution, emphasising the role of capital punishment in deterring crime and providing retribution.
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Procedural aspects of the death penalty
The Eighth Amendment of the US Constitution forbids "cruel and unusual" punishments, but this does not categorically prohibit the death penalty. The Supreme Court has ruled that the death penalty does not violate this amendment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.
In response to Furman, Georgia enacted a new death penalty statute in 1973, introducing a bifurcated trial process where guilt and sentencing phases would be conducted separately. This was approved by the Supreme Court in Gregg v. Georgia (1976), along with similar statutes in Florida and Texas. The Court held that the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence. The Court also noted that the revised sentencing procedures in capital cases did not violate the Eighth Amendment, as they addressed the issue of discrimination.
The Supreme Court has also provided further clarifications on procedural aspects of the death penalty. In Kansas v. Marsh (2006), the Court held that states may impose the death penalty when a jury finds aggravating and mitigating factors to be equally weighted, without violating the principle of individualized sentencing. In Kennedy v. Louisiana (2008), the Court held that the death penalty is categorically unavailable for cases of child rape in which the victim lives, as national consensus rendered the death penalty disproportionate in these cases.
Procedural safeguards are essential to ensure fairness in death penalty cases. The Supreme Court has ruled that a death sentence is not inherently cruel and unusual, but it has handed down many decisions that define when and how the death penalty can be used. These decisions have addressed issues such as the arbitrariness of sentencing, the role of aggravating and mitigating factors, and the need for individualized sentencing processes.
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The death penalty and juveniles
The issue of the death penalty and juveniles has been a contentious topic, with only the United States and Iran imposing death sentences on juveniles. However, this practice has been deemed unconstitutional by the US Supreme Court, marking a significant shift in recent years. The case of Roper v. Simmons in 2005 exemplified this shift, as justices reviewed whether executing 16 and 17-year-olds violated the Constitution's ban on 'cruel and unusual punishment'. This review arose after the Missouri Supreme Court overturned the death sentence of 17-year-old Christopher Simmons, highlighting the evolving standards of decency in society.
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but it does not categorically prohibit the death penalty. The interpretation of this amendment has evolved over time, with the Supreme Court playing a pivotal role in defining its scope. In the 1960s, challenges emerged against the fundamental legality of the death penalty, arguing that it constituted cruel and unusual punishment and thus violated the Eighth Amendment. This perspective gained traction, and the Supreme Court's decision in Furman v. Georgia in 1972 invalidated existing death penalty laws due to their discriminatory nature.
The Roper v. Simmons case built upon this foundation, as justices considered scientific evidence demonstrating that adolescents, due to their brain development, cannot be held accountable to the same extent as adults. This recognition of adolescents' reduced culpability aligned with evolving societal standards of decency. The decision in Roper v. Simmons had a significant impact, leading to the release of individuals like Leon Brown and Henry McCollum, who had been sentenced to death as juveniles in 1984.
The abolition of the juvenile death penalty in the US aligns with international norms. The International Covenant on Civil and Political Rights (ICCPR), endorsed by almost all countries, prohibits the execution of juvenile offenders. While the US initially maintained reservations, these became moot when the Supreme Court declared the execution of juvenile offenders unconstitutional. This decision has had a tangible impact, with Texas, for example, previously holding 41% of the national total of juvenile offenders on death row.
The death penalty for juveniles is now widely viewed as inhumane and unjust, with public opinion in the US increasingly opposing such executions. Studies have also revealed the disproportionate impact on juveniles of color, exacerbating existing racial disparities in the criminal justice system. The US now stands as an outlier in this regard, having executed more juvenile offenders in the past decade than every other nation in the world combined.
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The death penalty and intellectually disabled people
The issue of the death penalty and intellectually disabled people is a complex and evolving topic within constitutional law. The Eighth Amendment of the US Constitution forbids "cruel and unusual" punishment, and while the death penalty itself has been deemed constitutional, the application of capital punishment to intellectually disabled people has faced significant legal challenges.
In the 1989 case of Penry v. Lynaugh, the US Supreme Court initially rejected a national ban on the death penalty for intellectually disabled people, citing insufficient evidence of societal disapproval. However, in 2002, the landmark case of Atkins v. Virginia marked a significant shift in legal consensus. The Court ruled that executing intellectually disabled people violated the Eighth Amendment's prohibition against cruel and unusual punishment, overruling the previous decision. This ruling was based on emerging public consensus, with 18 out of 38 death penalty states having outlawed executing intellectually disabled people by 2002. The Court also considered international law and opinion, which universally condemned the practice.
The Atkins decision highlighted the unique vulnerabilities of intellectually disabled individuals, including their susceptibility to false confessions and their diminished culpability. The Court questioned the applicability of traditional justifications for the death penalty, such as retribution and deterrence, in these cases. This ruling set a precedent for protecting intellectually disabled defendants from capital punishment and prompted states to craft legislation and procedures to safeguard this vulnerable group.
Despite these legal advancements, challenges remain. Determining intellectual disability is a complex issue, and poor legal representation or stringent state evidentiary requirements can still result in death sentences for intellectually disabled defendants. The determination of intellectual disability, whether pre-trial or post-conviction, and the associated evidentiary standards, continue to be a subject of debate.
The issue of the death penalty for intellectually disabled people underscores the evolving nature of constitutional interpretation and the ongoing efforts to balance societal values, individual rights, and the need for fair and humane criminal justice practices.
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Frequently asked questions
The Eighth Amendment of the US Constitution forbids "cruel and unusual punishment". The death penalty does not violate this amendment when a jury decides that aggravating and mitigating factors carry equal weight. The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment.
Furman v. Georgia (1972) invalidated existing death penalty laws as they constituted cruel and unusual punishment, and resulted in a disproportionate application of the death penalty, discriminating against minorities and those from impoverished backgrounds. Gregg v. Georgia (1976) reinstated the death penalty, holding that the punishment of death does not violate the Constitution.
The Fourteenth Amendment's Due Process Clause 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 death penalty has been criticised for violating the constitutional guarantee of equal protection. It is applied randomly and discriminatorily, with racial disparities in its imposition. It is also argued that the death penalty is not a viable form of crime control, and wastes limited resources.
