Isabella Carter
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but it does not categorically prohibit the death penalty. The federal government and some states can still impose capital punishment. The US Supreme Court has ruled that the death penalty does not violate the Eighth Amendment, but the amendment does shape procedural aspects of how the death penalty is carried out. The Fourteenth Amendment's Due Process Clause also applies the Eighth Amendment's ban on cruel and unusual punishment to the states. The Eighth Amendment requires that a punishment must be proportionate to the crime, and sentencing procedures must be individualized.
| Characteristics | Values |
|---|---|
| Amendment that rules death penalty constitutional | Eighth Amendment |
| Ban | Cruel and unusual punishment |
| Ruling | Death penalty does not violate the ban |
| Applicability | Federal government and states |
| Fourteenth Amendment | Due Process Clause incorporates the ban |
| Evolving standards | Community standards and social norms |
| Procedural aspects | When and how the death penalty is carried out |
| Procedural safeguards | Prevent discriminatory application |
| Jury discretion | Guided by clear and consistent standards |
| Jury decision | Based on specific facts of the case and the defendant |
| Jury decision | Based on aggravating and mitigating factors |
| Execution method | Lethal injection, hanging, electrocution |
| Execution method | Must not inflict unnecessary or wanton pain |
| Execution method | Not "objectively intolerable" |
| Penalty | Must be proportional to the crime |
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What You'll Learn
The Eighth Amendment and cruel and unusual punishment
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but it 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 toward abolition at the state level. 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 use the death penalty and how it must be carried out.
The Eighth Amendment requires that a punishment must be proportionate to the crime for which it is imposed. In Coker v. Georgia, the US Supreme Court held that a penalty must be proportional to the crime; otherwise, the punishment violates the Eighth Amendment's prohibition against cruel and unusual punishment. The Supreme Court looks at three factors when performing its proportionality analysis: the gravity of the offense and the stringency of the penalty, how the jurisdiction punishes other criminals, and how other jurisdictions punish the same crime.
The Court has also held that sentencing discretion must be limited to prevent courts from arbitrarily imposing the death penalty. Guidelines have been established to narrow and define the category of death-eligible defendants. Jury discretion must be preserved to allow jurors to weigh the mitigating circumstances of individual defendants within the death-eligible class. Any death penalty decision by a jury must be based on the specific facts of the case and the defendant.
The method of execution is also subject to the Eighth Amendment. It must not inflict unnecessary or wanton pain upon the criminal. Hanging and electrocution have not been invalidated on Eighth Amendment grounds, and the primary execution method in the US, lethal injection, has been upheld by the Supreme Court on multiple occasions. The Court has applied an objectively intolerable test to determine if the method of execution violates the Eighth Amendment.
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Furman v. Georgia
Furman, along with Lucious Jackson and Elmer Branch, who were convicted of rape, were the three petitioners in the case, all sentenced to death for aggravated felonies. The case of Earnest James Aikens was initially included but was later dropped as the Supreme Court of California decided that the death penalty was unconstitutional under the state constitution.
The United States Supreme Court ruled in Furman v. Georgia that the arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, constituting cruel and unusual punishment. Although the justices did not declare the death penalty unconstitutional, the Furman decision invalidated the death sentences of nearly 700 people and mandated a degree of consistency in applying the death penalty. This resulted in a de facto moratorium on capital punishment across the United States, with many states rewriting their death penalty laws.
The Furman decision sparked a backlash and dramatically increased public support for the death penalty. In the following four years, 35 states and the federal government enacted new death penalty statutes to address the court's concerns about arbitrary imposition. The death penalty was reinstated after the 1976 case of Gregg v. Georgia, which upheld the revised death penalty statutes of dozens of states.
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The death penalty and deterrence
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but it does not explicitly prohibit the death penalty. The federal government and some states can still impose capital punishment. The Eighth Amendment does, however, shape procedural aspects of when a jury may use the death penalty and how it is carried out. The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment.
The death penalty, also known as capital punishment, is a highly debated topic in the United States. One of the key arguments in favour of the death penalty is that it serves as a deterrent to crime, reducing murder rates. However, the question of whether the death penalty is an effective deterrent has been the subject of extensive research and debate, with contradictory conclusions. Some studies have concluded that the threat of capital punishment prevents murders, saving lives. On the other hand, some studies suggest that executions increase homicides, while others claim that executions have no effect on murder rates.
In 2012, the National Research Council concluded that studies claiming that the death penalty affects murder rates were "fundamentally flawed". They argued that these studies did not adequately consider the impact of non-capital punishments and relied on incomplete or implausible models. Additionally, a 2009 survey of criminologists revealed that over 88% believed the death penalty was not an effective deterrent to murder. Furthermore, the murder rate in states without the death penalty has consistently been lower than in states with the death penalty.
The Supreme Court has acknowledged the role of capital punishment in deterrence and retribution. In the 1976 case of Gregg v. Georgia, 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 upheld Georgia's new capital sentencing procedures, which aimed to reduce the arbitrary application of the death penalty. However, in Furman v. Georgia (1972), the Court invalidated existing death penalty laws, finding that they violated the Eighth Amendment by resulting in a disproportionate and discriminatory application of capital punishment.
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The death penalty and retribution
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but this does not prohibit the death penalty outright. The federal government can impose capital punishment, and some states have kept these laws, despite a growing trend towards abolition at the state level. The US Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does influence procedural aspects, including when a jury may use the death penalty and how it should be carried out.
The death penalty has been a topic of ethical debate for hundreds of years in the US. Those who oppose capital punishment argue that it is inhumane and violates human rights. However, supporters of the death penalty argue that it serves as a deterrent to crime and provides retribution and closure for victims' families.
In the case of Furman v. Georgia, the Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment. The Court found that the laws resulted in a disproportionate application of the death penalty, specifically discriminating against minority and impoverished communities. However, in Gregg v. Georgia, the Court refused to expand on Furman, holding that the death penalty was not per se unconstitutional as it could serve the social purposes of retribution and deterrence.
The Court has also established that sentencing discretion must be limited to prevent courts from arbitrarily imposing the death penalty. In other words, sentencing procedures must be individualized. The death penalty must be proportionate to the crime, and courts must consider the evolving standards of decency to determine if a particular punishment constitutes cruel and unusual punishment.
The death penalty is often seen as a way to uphold justice and enact retribution for heinous crimes, providing a sense of closure for victims' families. It is argued that the death penalty serves as a formidable deterrent to criminal activity, instilling fear in potential perpetrators and promoting a safer society.
However, it is important to note that the death penalty does not consider the possibility of rehabilitation, and there is a risk of irreversible harm to individuals who may be wrongfully convicted.
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The death penalty and racial disparities
The Eighth Amendment of the US Constitution forbids cruel and unusual punishment, but this does not prohibit the death penalty per se. However, the death penalty has long been scrutinized for its racial biases. The US Supreme Court invalidated existing death penalty laws in 1972, citing that they resulted in a disproportionate application of the death penalty, specifically discriminating against minority communities.
Despite this, racial disparities persist. Black and Hispanic people represent 31% of the US population but 53% of death row inmates, with Black people alone making up 41.9% of death row inmates despite being only 13% of the US population. Furthermore, in the five years after the passage of the Violent Crime Control and Law Enforcement Act of 1994, which added 60 new offenses eligible for the death penalty, 74% of defendants given death penalty recommendations were people of color, with 44% being Black and 21% Hispanic.
The racial composition of victims has also been found to influence sentencing outcomes. Nationally, 80% of murder victims in cases resulting in an execution have been white, even though only 50% of murder victims in America are white. A 1990 examination by the United States General Accounting Office found that in 82% of the studies reviewed, the race of the victim influenced sentencing outcomes, with those who murdered whites receiving the death penalty more often than those who murdered Blacks. Individual state studies have found similar disparities, with Texas and Pennsylvania having the largest percentage of minorities on death row.
The process of selecting juries for death penalty cases has also been criticized for systematically excluding Black prospective jurors, undermining the constitutional promise of a trial by a jury of one's peers. In addition, the NAACP Legal Defense Fund filed a complaint against the Texas criminal justice system, presenting evidence that Black Texans in Harris County are arrested, imprisoned, and sentenced to death at rates vastly disproportionate to their representation in the population.
In conclusion, despite legal rulings and efforts to address racial disparities in the death penalty, it continues to be disproportionately imposed on people of color, particularly Blacks and Hispanics. The biases and prejudices that exist in society appear to influence the determination of who is sentenced to death, perpetuating racial inequalities in the criminal justice system.
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Frequently asked questions
No, the Eighth Amendment does not prohibit the death penalty per se, but it must be proportionate to the crime, and sentencing procedures must be individualized.
The jury plays a crucial role in death penalty cases. They must consider all mitigating factors relevant to the defendant's background and character and ensure that their decision is based on the specific facts of the case and the defendant.
In Furman v. Georgia (1972), the Supreme Court invalidated existing death penalty laws due to their discriminatory application, ruling them unconstitutional. However, the Court's decision was not based on a fundamental opposition to the death penalty itself. In subsequent cases, such as Gregg v. Georgia (1976), the Court upheld the death penalty as constitutional.
