NCJ Number
104031
Journal
ABA Journal Dated: (January 1, 1987) Pages: 4 6-50
Date Published
1987
Length
5 pages
Annotation
The U.S. Supreme Court decisions regarding the death penalty have demonstrated the sharp clash of judicial philosophies present on the Court.
Abstract
In Furman v. Georgia in 1972, the Court ruled that the death penalty as then applied violated the eighth amendment's guarantee against cruel and unusual punishment. In Gregg v. Georgia in 1976, the court ruled that capital punishment is constitutional if strict procedural safeguards are observed. The Court was sharply divided in both cases. In Furman, the five judges opposing the death penalty gave different reasons: discrimination against minorities, excessiveness as a punishment, moral unacceptability, and capricious application. In contrast, the supporters expressed the view that the Court should not thwart legislative enactments reflecting the popular will. The States responded to the Furman decision by redrafting their death penalty laws, and the Gregg decision upheld the Georgia law. Justices supporting the law stated that retribution is proper and that the Court must defer to legislative judgments. The two dissenting justices argued that the death penalty is morally unacceptable and excessive. Despite the Court's increasing unwillingness to consider challenges to the death penalty, some constitutional questions remain. The current McCleskey case centers on the issue of racial discrimination in the application of the death penalty.