NCJ Number
146599
Date Published
1994
Length
239 pages
Annotation
The Supreme Court's handling of the death penalty issue is examined.
Abstract
The author discusses the death penalty in terms of its history, its modern status, the debate over its constitutionality and its deterrence effectiveness, individual cases, and its future possibilities. From the late 1960's to 1972, public support for the death penalty gradually declined. In 1972, the Supreme Court declared it to be unconstitutional, only to reinstate it in 1976. Public support for the death penalty has increased drastically,. From 1977 to 1991, more than 2,500 persons were sentenced to die, but because the 1976 decision left many questions open, only 157 of the condemned were actually executed. By 1990, the Supreme Court rejected essentially all challenges to the constitutionality of the death penalty that might have reduced the number of prisoners on death row. It rejected claims of racial disparity in application of the death penalty, and allowed States to execute juvenile and mentally retarded offenders. The debate on the constitutionality of the death penalty raises Fifth and Eighth Amendment issues, and often revolves around specific wording and whether certain limitations on state power are intended to refer to State governments or the Federal Government. Bibliography, index