What is the supreme court’s opinion on the death penalty?

I’m doing a report on the death penalty, specifically what the supreme court’s opinion on it is and if there are any prolific death penalty cases that the supreme court has handled?

That is constitutional. But in the past decade, several decisions have limited its application:

Examples:
Unconstitutional to execute someone for a crime committed while younger than 18. Roper v. Simmons, 2005

Unconstitutional to execute someone who suffers from mental retardation. Atkins v. Virginia, 2002

Unconstitional to execute someone where only the judge has determined that the aggravating factors warrant this. Ring v. Arizona, 2002

You’ll find information about these cases and many others at www.deathpenaltyinfo.org. Under history of the death penalty scroll through to constitutionality of the death penalty for summaries of key decisions. Make sure you look at the highlighted stuff on the left side of the page.

Post Author: mark

4 thoughts on “What is the supreme court’s opinion on the death penalty?

    Robin Donald

    (May 19, 2010 - 5:48 am)

    COME, LORD JESUS
    ================

    THE JUDGES FROM THE SUPREME COURT THINK THAT PROPHET MOSES HAD MADE A MISTAKE BY WRITING THE FIFTH COMMANDMENT THAT THOU SHALL NOT KILL.

    POPE JOHN PAUL II IS THE REINCARNATION OF PROPHET MOSES.

    POPE JOHN PAUL II THINK THAT THE US SUPREME COURT JUDGES ARE BLOOD THIRSTY PEOPLE.

    BETTER WORD ….AGENTS OF SATAN.

    THOSE SUPREME COURT JUDGES MANAGED TO KILL 55,500,000 UNBORN BABIES FROM 1973 TO 2010.

    YOU CAN CALLED IT THE AMERICAN HOLOCAUST?

    IN THE JEWISH HOLOCAUST ABOUT 6,000,000 JEWS DIED IN GAS CHAMBER.

    THE AMERICAN HOLOCAUST ABOUT 55,500,000 BABIES WERE SUCK OUT FROM THE MOTHER’S WOMB AND LEFT TO DIE.

    IF ONLY AMERICAN WOMEN HAVE SOLD THEIR BABIES TO THIRD WORLD NATIONS THERE WOULD HAVE BE A NEW AMERICAN SISTER NATIONS IN AFRICA.

    SO, GOD PLAN JOSEPH TRAVEL TO EGYPT AND LATER THE NATION OF ISRAEL WAS BORN.

    ABOUT 1,500,000 ABORTIONS WERE PERFORM EVERY YEAR IN AMERICA.

    THEREFORE 37 YEARS X 1,500,000 EQUAL 55,500,000 PEOPLE DEAD BABIES (2010-1973 = 37 YEARS )

    GOD BLESS AMERICA.

    MR. ROBIN DONALD.

    KUALA LUMPUR,
    MALAYSIA.

    DATE: 12TH, MAY, 2010.

    Charlie bit my finger – again !
    http://www.youtube.com/watch?v=cXXm696UbKY

    Charlie bit my finger – again !
    http://www.youtube.com/watch?v=_OBlgSz8sSM

    cute signing baby!…baby sign language
    http://www.youtube.com/watch?v=7gSZfW4gVhI
    References :

    WRG

    (May 19, 2010 - 6:09 am)

    Congress or any state legislature may prescribe the death penalty, also known as capital punishment, for murder and other capital crimes. The Supreme Court has ruled that the death penalty is not a per se violation of the Eighth Amendment’s ban on cruel and unusual punishment, 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. Because of the Fourteenth Amendment’s Due Process Clause, the Eighth Amendment applies against the states, as well as the federal government.

    Eighth Amendment analysis requires that courts consider the evolving standards of decency to determine if a particular punishment constitutes a cruel or unusual punishment. When considering evolving standards of decency, courts both look for objective factors to show a change in community standards and also make independent evaluations about whether the statute in question is reasonable.

    Proportionality Requirement
    The U.S. Supreme Court has determined that a penalty must be proportional to the crime; otherwise, the punishment violates the Eighth Amendment’s prohibition against cruel and unusual punishments. In performing its proportionality analysis, the Supreme Court looks to the following three factors: a consideration of the offense’s gravity and the stringency of the penalty; a consideration of how the jurisdiction punishes its other criminals; and a consideration of how other jurisdictions punish the same crime.

    In the landmark case of Coker v. Georgia, 433 U.S. 584 (1977), the Supreme Court ruled that a state cannot apply the death penalty or the crime of raping an adult woman because it violates the proportionality requirement. The Court came to this conclusion by considering objective indicia of the nation’s attitude toward the death penalty in rape cases. At the time only a few states allowed for executions of convicted rapists.

    Twenty-one years later, in Kennedy v. Louisiana (07-343) (2008), the Supreme Court extended its ruling in Coker, holding that the penalty is categorically unavailable for cases of child rape in which the victim lives. Because only six states in the country permitted execution as a penalty for child rape, the Supreme Court found the national consensus to hold its use in these cases as disproportionate.

    Principle of Individualized Sentencing
    To impose a death sentence, the jury must be guided by the particular circumstances of the criminal, and the court must have conducted an individualized sentencing process. In the 2002 Ring v. Arizona decision, the Supreme Court ruled that a jury, rather than a judge, must find an aggravating factor to exist for cases in which those factors underlie a judge’s choice to impose the death penalty rather than a lesser punishment. 536 U.S. 584. An aggravating factor is any fact or circumstance that increases the culpability for a criminal act.

    The Supreme Court further refined the requirement of "a finding of aggravating factors" in Brown v. Sanders. 546 U.S. 212 (2006). For cases in which an appellate court rules a sentencing factor invalid, the Court ruled that the sentence imposed becomes unconstitutional unless the jury found some other aggravating factor that encompasses the same facts and circumstances as the invalid factor.

    Another 2006 cases, Kansas v. Marsh, offered yet another clarification to the principle of individualized sentencing jurisprudence. After Marsh, states may impose the death penalty for situations in which the jury finds the aggravating and mitigating factors to equally balance, without violating the principle of individualized sentencing.

    Method of Execution
    A legislature may prescribe the manner of execution, but the manner may not inflict unnecessary or wanton pain upon the criminal. Courts apply an "objectively intolerable" test when determining if the method of execution violates the Eighth Amendment’s ban on cruel and unusual punishments.

    State courts and lower federal courts have refused to strike down hanging and electrocution as impermissble methods of execution; however, the U.S. Supreme Court did not take up a method of execution case for 117 years until Baze v. Rees (07-5439) in 2008. In Baze the Supreme Court held that lethal injection did not constitute a cruel and unusual punishment. This case resolved a controversial issue in light of recent evidence that a lethal injection’s three-drug combination fails to alleviate pain and prevents the criminal from signaling such pain because of paralysis inducement.

    Classes of Persons Not Eligible for the Death Penalty
    More recently, in Atkins v. Virginia, 536 U.S. 304 (2002), the Supreme Court determined that executing mentally retarded criminals violates the ban on "cruel and unusual punishments" because their mental handicap lessens the severity of the crime and therefore renders the extraordinary penalty of death as disproportionately severe. However, in Bobby v. Bies, the
    References :
    http://topics.law.cornell.edu/wex/death_penalty

    Susan S

    (May 19, 2010 - 6:38 am)

    That is constitutional. But in the past decade, several decisions have limited its application:

    Examples:
    Unconstitutional to execute someone for a crime committed while younger than 18. Roper v. Simmons, 2005

    Unconstitutional to execute someone who suffers from mental retardation. Atkins v. Virginia, 2002

    Unconstitional to execute someone where only the judge has determined that the aggravating factors warrant this. Ring v. Arizona, 2002

    You’ll find information about these cases and many others at http://www.deathpenaltyinfo.org. Under history of the death penalty scroll through to constitutionality of the death penalty for summaries of key decisions. Make sure you look at the highlighted stuff on the left side of the page.
    References :

    dudleysharp

    (May 19, 2010 - 6:48 am)

    They find the death penalty acceptable under the constitution, the only consideratrion they are to deal with.
    References :

Leave a Reply