Constitutionality of the Death Penalty
Constitutionality of the Death Penalty
Case Law and Prosecution
There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished, re-instated, and vice-versa. From 1976 to present day the death penalty has been in effect federally, but that does not mean that the law will remain in place for good. There are still several issues concerning the death penalty; such as the method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally handicapped individuals should be considered for the death penalty, and the inability to correct wrongful convictions (i.e. if the individual is dead there is no way to make amends with the innocent condemned.). Before the 1960’s the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty. Conversely, in the early 1960’s it was suggested that the death penalty was "Cruel and unusual" punishment, and therefore unconstitutional under the Eighth Amendment. In 1968 the Court heard two cases dealing with the diplomacy given to the prosecutor and the jury in capital cases. The first case was U.S. v. Jackson (390 U.S. 570), where the Supreme Court heard arguments regarding a provision of the federal kidnapping statute requiring that the death penalty be imposed only upon recommendation of a jury. The Court held that this practice was unconstitutional because it encouraged defendants to waive their right to a jury trial to ensure they would not receive a death sentence. The other 1968 case was Witherspoon v. Illinois (391 U.S. 510). In this case, the Supreme Court held that a potential juror's mere reservations about the death penalty were insufficient grounds to prevent that person from serving on the jury in a death penalty case. Jurors could be prohibited only if prosecutors
Case Law and Prosecution
There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished, re-instated, and vice-versa. From 1976 to present day the death penalty has been in effect federally, but that does not mean that the law will remain in place for good. There are still several issues concerning the death penalty; such as the method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally handicapped individuals should be considered for the death penalty, and the inability to correct wrongful convictions (i.e. if the individual is dead there is no way to make amends with the innocent condemned.). Before the 1960’s the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty. Conversely, in the early 1960’s it was suggested that the death penalty was "Cruel and unusual" punishment, and therefore unconstitutional under the Eighth Amendment. In 1968 the Court heard two cases dealing with the diplomacy given to the prosecutor and the jury in capital cases. The first case was U.S. v. Jackson (390 U.S. 570), where the Supreme Court heard arguments regarding a provision of the federal kidnapping statute requiring that the death penalty be imposed only upon recommendation of a jury. The Court held that this practice was unconstitutional because it encouraged defendants to waive their right to a jury trial to ensure they would not receive a death sentence. The other 1968 case was Witherspoon v. Illinois (391 U.S. 510). In this case, the Supreme Court held that a potential juror's mere reservations about the death penalty were insufficient grounds to prevent that person from serving on the jury in a death penalty case. Jurors could be prohibited only if prosecutors
References: Worrall, John L. (2007) Criminal Procedure. From First Contact to Appeal Wikipedia, Furman v. Georgia. http://en.wikipedia.org/wiki/Capital_punishment_in_the_United_States http://www.deathpenaltyinfo.org/part-i-history-death-penalty Wikipedia, Gregg v. Georgia. 17 September, 2009. par. 3, http://en.wikipedia.org/wiki/Gregg_v._Georgia