The Death Penalty

Congress may suggest the death penalty – also known as capital punishment – for individuals found guilty of murder or any other capital crime. Prior to the 1960s, interpreters of the Constitution believed that the Fifth and Eighth Amendments, both of which are included in the Bill of Rights, allowed capital punishment. The Fourteenth Amendment, which outlined the Due Process Clause, was also interpreted as permissive of the death penalty. However, in the 1960s, the Eighth Amendment, which states that Americans may not be subject to “cruel and unusual punishment,” came under scrutiny. The Supreme Court went on to rule that the death penalty does not violate the Eight Amendment; however, the Eighth Amendment does outline certain guidelines for the humane application of the death penalty.

Legal Issues

In 1958, Trop versus Dulles called into question the interpretation of the Eight Amendment. The case did not directly address the validity of the death penalty; instead, the Supreme Court addressed whether it was unconstitutional to revoke the citizenship of an American as a form of punishment for a crime. The ruling was that it was unconstitutional under the Eighth Amendment. The court also identified a precedent known as “evolving standards of decency” when interpreting the Eight Amendment. Courts must therefore look to the presently accepted principles of behavior and decorum in order to determine what constitutes a cruel and/or unusual punishment. Changes in socially acceptable behavior over time should be taken into account.

Affected Groups

The death penalty affects those accused and convicted of aggravated murder. It is currently legal in 32 states. The accused must be a mentally sound adult. Forty-three prisoners were executed via the death penalty in the United States in 2011. Another 3,082 were on death row in the same year, making the rate of executions less than two percent. The majority of executions take place in five states: Texas, Oklahoma, Ohio, Florida, and Arizona. Among the five, Texas has executed the most prisoners, while Oklahoma has the highest rate of executions per capita.

Challenges

The death penalty is a highly controversial topic among Americans. As it stands, the United States is one of only four developed nations that permits the death penalty. Japan and Singapore also permit the death penalty for prisoners and South Korea traditionally allowed it but a ban has been in effect since 2011. The United States is the only western nation and the only G8 nation that allows the death penalty. Many organizations, including Amnesty International, oppose the death penalty, citing it as immoral, cruel, or unjust. Some also state the fallibility of the justice system as a factor. Organizations such as the Innocence Project work to prove the innocence of inmates on death row who claim to have been wrongly convicted. Since 1973, a total of 142 prisoners on death row have been acquitted or offered pardons based on the possibility of innocence. Wrongful executions are a reality, especially when the number cited above only indicates those pardoned under the law, excluding the rest of prisoners who may be innocent without receiving pardon.