Death Penalty Criminal Law Research
What Is the Death Penalty?
The death penalty (capital punishment) is a government-sanctioned execution of a person convicted of a serious crime, usually murder. It raises complex constitutional questions, mainly under the:
Eighth Amendment (prohibiting cruel and unusual punishment)
Fourteenth Amendment (due process and equal protection)
Landmark Death Penalty Cases Explained
1. Furman v. Georgia (1972)
Facts:
Furman was sentenced to death for accidental murder during a burglary.
Legal Issue:
Is the death penalty as applied arbitrary and capricious, violating the Eighth and Fourteenth Amendments?
Outcome:
The Supreme Court ruled the death penalty procedures were arbitrary and discriminatory, leading to a temporary nationwide moratorium.
Significance:
Forced states to reform death penalty statutes to ensure consistent and fair application.
2. Gregg v. Georgia (1976)
Facts:
Gregg was sentenced to death under a new Georgia statute that introduced guided discretion in sentencing.
Legal Issue:
Did the new death penalty statutes fix the problems identified in Furman?
Outcome:
The Court upheld the death penalty, ruling it not unconstitutional if procedures limit arbitrary sentencing.
Significance:
Restarted capital punishment in the U.S. under strict sentencing guidelines.
3. Atkins v. Virginia (2002)
Facts:
Atkins was sentenced to death despite being intellectually disabled.
Legal Issue:
Is executing intellectually disabled individuals cruel and unusual punishment?
Outcome:
The Court held it unconstitutional to execute people with intellectual disabilities.
Significance:
Established protections for vulnerable groups in capital cases.
4. Roper v. Simmons (2005)
Facts:
Simmons was sentenced to death for a crime committed at age 17.
Legal Issue:
Can minors be sentenced to death?
Outcome:
The Court ruled executing offenders who were juveniles at the time of their crimes unconstitutional.
Significance:
Set a national ban on juvenile executions.
5. Woodson v. North Carolina (1976)
Facts:
North Carolina law mandated the death penalty for certain murders without allowing jury discretion.
Legal Issue:
Is a mandatory death sentence constitutional?
Outcome:
The Court struck down mandatory death sentences as unconstitutional.
Significance:
Required individualized sentencing consideration in capital cases.
6. McCleskey v. Kemp (1987)
Facts:
McCleskey challenged Georgia’s death penalty, arguing racial bias influenced sentencing.
Legal Issue:
Did statistical evidence of racial disparity prove unconstitutional racial discrimination?
Outcome:
The Court rejected the claim, requiring proof of intentional discrimination in the specific case.
Significance:
Limited the impact of statistical racial bias evidence in death penalty challenges.
7. Trop v. Dulles (1958)
Facts:
Trop was stripped of his citizenship as punishment for desertion.
Legal Issue:
Is stripping citizenship a form of cruel and unusual punishment?
Outcome:
The Court ruled yes, emphasizing evolving standards of decency in the Eighth Amendment.
Significance:
Established the idea that the meaning of "cruel and unusual" evolves over time, important in death penalty debates.
Summary Table
| Case | Issue | Outcome | Significance |
|---|---|---|---|
| Furman v. Georgia (1972) | Arbitrary death penalty application | Death penalty temporarily halted | Ended arbitrary sentencing |
| Gregg v. Georgia (1976) | Revised statutes’ constitutionality | Death penalty upheld under guidelines | Restarted capital punishment |
| Atkins v. Virginia (2002) | Execution of intellectually disabled | Execution banned | Protected disabled defendants |
| Roper v. Simmons (2005) | Execution of juveniles | Juvenile death penalty banned | Protected minors |
| Woodson v. North Carolina (1976) | Mandatory death sentences | Mandatory death sentences struck down | Required individual sentencing |
| McCleskey v. Kemp (1987) | Racial bias in death penalty | Statistical bias insufficient | Limited racial bias claims |
| Trop v. Dulles (1958) | Evolving standards of cruel punishment | Broadened Eighth Amendment scope | Set evolving standards principle |
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