Simone Lawson
The death penalty in the United States has been the subject of much debate and contention, with the Supreme Court playing a pivotal role in shaping its application. In the landmark case of Furman v. Georgia in 1972, the Supreme Court ruled that the arbitrary and inconsistent imposition of the death penalty violated the Eighth and Fourteenth Amendments, constituting cruel and unusual punishment. This decision, however, did not declare the death penalty itself unconstitutional. That clarification would come in 1976 with the Gregg v. Georgia case, where the Court confirmed that capital punishment was legal but only under specific circumstances, rejecting automatic death sentences.
| Characteristics | Values |
|---|---|
| Supreme Court Case | Furman v. Georgia |
| Year | 1972 |
| Decision | The application of the death penalty in three cases was unconstitutional |
| Amendment Violation | Eighth and Fourteenth Amendments |
| Clause Violation | Cruel and Unusual Punishment Clause |
| Number of Vacated Death Sentences | Over 600 |
| Subsequent Cases | Gregg v. Georgia, Coker v. Georgia, Kennedy v. Louisiana, Baze v. Rees, Glossip v. Gross |
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What You'll Learn
The death penalty is constitutional
The death penalty, also known as capital punishment, is a highly contested issue in the United States. While some states have declared it unconstitutional, the Supreme Court has ruled on several occasions that it is constitutional, but with important limitations and guidelines.
In 1972, the Supreme Court decided in Furman v. Georgia that the arbitrary and inconsistent imposition of the death penalty violated the Eighth and Fourteenth Amendments, constituting cruel and unusual punishment. This decision invalidated almost 700 death sentences and resulted in a de facto moratorium on capital punishment across the country.
However, in 1976, the Court clarified its ruling in Furman, making the death penalty constitutional again in limited circumstances. In Gregg v. Georgia, the Court held that a carefully drafted statute that provides adequate information and guidance to the sentencing authority would meet the constitutional standard. This decision was accompanied by a series of cases, known as the Gregg cases, which further refined the requirements for imposing the death penalty.
The Supreme Court has also provided guidance on procedural aspects, ruling that the Eighth Amendment's ban on cruel and unusual punishment applies to the method of execution and the specific circumstances of the criminal. For example, in Kennedy v. Louisiana (2008), the Court held that the death penalty is categorically unavailable for cases of child rape when the victim lives. In Atkins v. Virginia (2002), the Court decided that executing intellectually or developmentally disabled individuals violates the ban on cruel and unusual punishment.
While the death penalty has been deemed constitutional by the Supreme Court, the Court has also acknowledged the importance of addressing racial disparities, wrongful convictions, and evolving standards of decency in capital proceedings.
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Mandatory death sentences violate the Eighth and Fourteenth Amendments
The Eighth Amendment of the US Constitution prohibits the imposition of cruel and unusual punishment. The Supreme Court considers Eighth Amendment principles in the context of the death penalty, which remains in effect in many states and at the federal level.
In 1976, the Supreme Court case of Gregg v. Georgia ruled that the death penalty is constitutional. However, in the same year, Woodson v. North Carolina found that mandatory death sentences violate the Eighth and Fourteenth Amendments. The Fourteenth Amendment prohibits states from depriving "any person of life, liberty, or property, without due process of law".
The Eighth Amendment analysis requires courts to consider evolving standards of decency to determine if a punishment is cruel or unusual. This includes looking at objective factors to evaluate changes in community standards and make independent judgments about the reasonableness of a statute.
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 does shape procedural aspects of when a jury may impose the death penalty and how it must be carried out. For example, in Atkins v. Virginia (2002), the Supreme Court decided that executing intellectually or developmentally disabled criminals violates the ban on cruel and unusual punishment. Similarly, Roper v. Simmons (2005) banned the death penalty for all juvenile offenders.
The Court has also addressed the issue of racial disparities in capital punishment cases. In McCleskey v. Kemp (1987), it was found that statistical evidence of racial disparities in death sentencing did not prove that an individual's death sentence was unconstitutional under the Eighth and Fourteenth Amendments. However, Justice Thurgood Marshall, who represented a death-row prisoner, dissented from every death sentence and execution from 1976 until his retirement, citing racial disparities as a key concern.
In conclusion, while the death penalty has been deemed constitutional by the Supreme Court, mandatory death sentences violate the Eighth and Fourteenth Amendments due to the requirement to consider evolving standards of decency and the prohibition on cruel and unusual punishment. The Court has further refined the application of the death penalty by considering factors such as intellectual disability, juvenile status, and racial disparities.
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Death sentences for rape are unconstitutional
In 1976, the Supreme Court reinstated the death penalty as constitutional in Gregg v. Georgia. However, in Coker v. Georgia (1977), the Supreme Court held that death sentences for the rape of an adult woman violate the Eighth Amendment. The Court decided that the death penalty was an unconstitutionally disproportionate punishment for the rape of an adult woman, as it was "grossly out of proportion to the severity of the crime". The decision in Coker v. Georgia had direct consequences, leading to the overturning of the Georgia death sentences of Coker and five other rapists.
The Court's ruling in Coker was extended in Kennedy v. Louisiana (2008), which held that the death penalty is categorically unavailable for cases of child rape where there was no intention to kill the child. The Court applied the evolving standards of decency review, noting that only six states permitted execution as a penalty for child rape, and found that national consensus rendered the death penalty disproportionate in these cases. The Court also considered the adverse impact on a child rape victim of having to participate in the years of litigation required to prosecute a capital case, as well as the risk of unreliable, induced, or even imagined child testimony, which creates a "special risk of wrongful execution".
In addition to Coker v. Georgia and Kennedy v. Louisiana, there have been several other Supreme Court cases that have addressed the constitutionality of the death penalty. For example, in Ring v. Arizona (2002), the Court held that it is unconstitutional for a sentencing judge, without a jury, to find an aggravating circumstance necessary for the imposition of the death penalty. 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. In Atkins v. Virginia (2002), the Court decided 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.
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Death penalty statutes must allow for mitigating evidence
The death penalty, also known as capital punishment, can be prescribed by Congress or any state legislature for crimes considered capital offences. 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 does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.
In Lockett v. Ohio (1978), the Supreme Court ruled that death penalty statutes must allow for the consideration of mitigating evidence in addition to the circumstances of the offence when determining whether a defendant should be sentenced to death. Mitigating evidence, which can include mental problems, remorse, youth, childhood abuse or neglect, a minor role in the homicide, or the absence of a prior criminal record, may reduce the culpability of the defendant or provide reasons for a life sentence instead of death.
The jury is instructed to weigh the mitigating factors presented by the defence against the aggravating factors presented by the prosecution. In doing so, jurors are expected to use their own judgment in deciding which factors carry greater weight. If the aggravating circumstances are stronger, jurors may choose a death sentence, but if the mitigating circumstances are more compelling, they must choose a life sentence.
The Supreme Court has further clarified the principle of individualized sentencing jurisprudence in Kansas v. Marsh (2006). In this case, the Court held 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.
In addition to the Supreme Court's rulings, several states have their own requirements for considering aggravating and mitigating circumstances in death penalty cases. For example, in Connecticut, the jury or judge must consider the defendant's character, background, or history, as well as the nature and circumstances of the crime, when determining whether a particular factor is mitigating. Overall, while the death penalty has been deemed constitutional, the Supreme Court and state laws have established important considerations for mitigating evidence in death penalty statutes.
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Executing intellectually disabled criminals is unconstitutional
The death penalty, also known as capital punishment, can be prescribed by Congress or any state legislature for crimes considered capital offenses. While the Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, the Eighth Amendment does shape certain procedural aspects of how and when the death penalty can be carried out.
In the case of Atkins v. Virginia, the Supreme Court ruled that executing intellectually disabled criminals is unconstitutional. This decision was based on the finding that a public consensus had emerged, demonstrating "evolving standards against executing people with intellectual disabilities." The Court also considered public opinion polls, international law, and the fact that between 1989 and 2002, sixteen states outlawed executing intellectually disabled people, bringing the total to eighteen out of the 38 states that have the death penalty.
The Atkins decision was significant because it recognized that people with intellectual disabilities "do not act with the level of moral culpability that characterizes the most serious adult criminal conduct." Intellectual disabilities can impair an individual's ability to communicate, making it more likely for a jury to interpret their deficiency as a lack of remorse. Additionally, intellectually disabled people may be more vulnerable to wrongful convictions as they may be more likely to confess to a crime to please authorities or have difficulty effectively working with their lawyers.
Despite the Atkins decision, some states have continued to argue for the execution of intellectually disabled individuals. For example, in Texas, the high criminal court used non-scientific factors based on the fictional character Lennie from Steinbeck's "Of Mice and Men" to determine that an individual was not intellectually disabled. However, in Moore v. Texas, the Supreme Court put an end to these unscientific measures, ensuring that intellectually disabled individuals are protected from execution.
While the Supreme Court has made strides in protecting the rights of intellectually disabled criminals, there is still work to be done. The case of Glossip v. Gross in 2015 highlighted the ongoing issues with America's death penalty, including wrongful convictions and racial disparities.
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Frequently asked questions
Gregg v. Georgia, 428 U.S. 153 (1976).
The United States Supreme Court decided that the arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment.
The Furman decision invalidated the death sentences of nearly 700 people, resulting in a de facto moratorium on capital punishment across the United States.
The Court confirmed that capital punishment was legal in the United States but only under limited circumstances. It rejected automatic sentencing to death and stated that death sentences cannot be characterised by "arbitrariness and capriciousness".
Some key cases include Coker v. Georgia (1977), Lockett v. Ohio (1978), Enmund v. Florida (1982), and Kennedy v. Louisiana (2008).
