NCJ Number
132506
Journal
Wake Forest Law Review Volume: 24 Issue: 4 Dated: (1989) Pages: 881-904
Date Published
1989
Length
24 pages
Annotation
This analysis of current Federal death penalty laws concludes that these laws can currently be constitutionally applied and do not require additional legislation, as has been proposed, to reinstitute capital punishment.
Abstract
In 1972 the U.S. Supreme Court decision in Furman v. Georgia struck down the death penalty for murder and rape as being unconstitutional due to its lack of certain procedural safeguards that would prevent its arbitrary imposition. Since then, it has commonly been believed that the Federal death penalty statutes relating to espionage and other serious Federal crimes are also unconstitutional. However, the Federal sentencing system already contains the two procedural features that were lacking in the State systems struck down in Furman v. Georgia. These procedures are a bifurcated trial, in which the sentencing hearing is held separately from the conviction phase, and the preparation of a presentence report focusing on the particular defendant and the particular crime. In addition, the cruel and unusual punishment clause of the eighth amendment does not, of itself, prohibit Congress from providing the death penalty. Therefore, capital punishment for espionage and other serious Federal crimes is constitutional. Footnotes