A Brief History Of Capital Punishment In The United States ✓ Solved

A brief history of capital punishment in the United States. I

You are a paralegal assisting an attorney who is representing an individual who has been convicted of a murder during a home invasion and who was sentenced in state court to be executed. You are assisting with research for an appeal to the U.S. Supreme Court. Provide the following information.

1. A brief history of capital punishment in the United States. Include case law.

2. An explanation of the constitutional ban on “cruel and unusual punishment,” including the four primary dimensions as interpreted by the Court.

3. Discuss an example you found interesting of a right asserted by inmates under the Eighth Amendment’s Cruel and Unusual Punishment Clause and the outcome.

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Capital punishment, also known as the death penalty, has a complex history in the United States that is deeply intertwined with societal, legal, and ethical considerations. The origins of capital punishment in America can be traced back to the colonial era, where it was inherited from British law. The first recorded execution in the American colonies took place in 1608 in Virginia, where Captain George Kendall was executed for espionage. Over the years, numerous offenses were punishable by death, including theft and treason. This broad application of capital punishment came under scrutiny as societal attitudes began to shift towards more humane treatment of offenders.

In the 20th century, capital punishment underwent significant legal challenges that shaped its application. One of the landmark cases was Furman v. Georgia (1972), where the Supreme Court ruled that the death penalty, as it was being administered at that time, constituted cruel and unusual punishment under the Eighth Amendment. This decision led to a moratorium on executions across the country and prompted many states to revise their death penalty statutes. The Court’s ruling emphasized that the arbitrary nature of how the death penalty was applied violated the Constitution, leading to a significant overhaul in its implementation.

By 1976, in Gregg v. Georgia, the Supreme Court upheld the constitutionality of the death penalty, provided certain procedural safeguards were established to limit its discriminatory application. The decision reinstated capital punishment but required states to ensure that it was administered fairly, thereby marking a critical turning point in the American death penalty landscape.

Next, the constitutional ban on “cruel and unusual punishment” is central to discussions about the death penalty. The Eighth Amendment of the U.S. Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This language has been the foundation for numerous cases challenging the methods and application of capital punishment. The Supreme Court has interpreted the ban on cruel and unusual punishment through four primary dimensions: the evolving standards of decency, the proportionality principle, the methods of execution, and the application of the death penalty itself.

The first dimension, evolving standards of decency, suggests that societal views on punishment change over time and that the Court should reflect these changes in its judgments. This principle has been crucial in shaping the discourse around capital punishment, as public sentiment increasingly favors more humane treatment of offenders.

The second dimension, the proportionality principle, examines whether the severity of the punishment is proportional to the crime committed. The Court has ruled that the death penalty should only be applied to the most heinous crimes, sparking ongoing debates about what constitutes such crimes.

Third, the methods of execution have come under scrutiny, particularly regarding whether they are excessively painful or torturous. In cases such as Baze v. Rees (2008), the Court evaluated lethal injection protocols to determine if they violate the Eighth Amendment. The ruling concluded that while lethal injection presents risks, it does not inherently constitute cruel and unusual punishment if administered correctly.

Finally, the application of the death penalty itself raises serious concerns about fairness and discrimination. There are arguments that systemic issues often affect who gets sentenced to death, including race, economic status, and geographic location. This dimension highlights the inequalities present in the justice system and the necessity of reform to ensure fair application.

An interesting example related to the Eighth Amendment’s Cruel and Unusual Punishment Clause is the case of Atkins v. Virginia (2002), in which the Supreme Court ruled that executing individuals with intellectual disabilities constitutes cruel and unusual punishment. The Court asserted that societal consensus viewed such executions as inhumane, aligning with evolving standards of decency. The Court's ruling followed growing awareness and advocacy around issues of mental competence and justice reform, leading to protections for the intellectually disabled within the death penalty context.

In conclusion, the history of capital punishment in the United States speaks to wider societal values and the ongoing struggle for justice and morality in administering punishment. The constitutional ban on cruel and unusual punishment encompasses essential dimensions that continue to shape legal discourse and policy implementations related to the death penalty. It is imperative to continuously re-evaluate the standards and practices surrounding capital punishment to ensure that they reflect our evolving values as a society.

References

• Furman v. Georgia, 408 U.S. 238 (1972).
• Gregg v. Georgia, 428 U.S. 153 (1976).
• Baze v. Rees, 553 U.S. 35 (2008).
• Atkins v. Virginia, 536 U.S. 304 (2002).
• American Civil Liberties Union. (n.d.). The Death Penalty in America. Retrieved from https://www.aclu.org/issues/capital-punishment
• National Constitution Center. (n.d.). Death Penalty. Retrieved from https://constitutioncenter.org/interactive-constitution/justice-center/death-penalty
• Death Penalty Information Center. (n.d.). History of the Death Penalty. Retrieved from https://www.deathpenaltyinfo.org/history-death-penalty
• Reggio, R. (2014). Capital Punishment: A Social History. New York: Routledge.
• Steiker, C. S., & Steiker, J. M. (2013). The American Death Penalty and the (In)Justice of the Eighth Amendment. Harvard Law Review, 126(5), 2164-2212.
• National Academy of Sciences. (2012). Report on the Costs of the Death Penalty. Retrieved from https://www.nap.edu/catalog/13101/the-costs-of-the-death-penalty-in-texas