list the various supreme court rulings relating to the death penalty.?

3 Answers

  • Mutt
    Lv 7
    1 decade ago
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    1932 -Powell v. Alabama -Judges are required to ensure that indigent defendants in capital cases who could not represent themselves be appointed counsel

    1947 -Francis v. Resweber -Re-execution after a failed attempt does not constitute double jeopardy

    1968 -Witherspoon v. Illinois -A state may not have unlimited challenge for cause of jurors who might have any objection to the death penalty. (See also Morgan v. Illinois (1992))

    1971 -McGautha v. California -Held that death penalty can be imposed by a jury without standards to govern its imposition, and that a unitary guilt and punishment proceeding was constitutional. (First finding modified in Furman v. Georgia (1972), second finding modified in Gregg v. Georgia (1976))

    1972 -Furman v. Georgia -Ruled on the requirement for a degree of consistency in the application of the death penalty. This ruling effectively established a four year moratorium on the death penalty between 1972 and 1976, when it was reinstated by Gregg v. Georgia, as listed below.

    1976 -Gregg v. Georgia -Reaffirmed the Supreme Court's acceptance of the use of the death penalty in the United States

    1977 -Coker v. Georgia -Under Eighth Amendment, held that the death penalty is an unconstitutional punishment for rape of an adult woman when the victim is not killed.

    1978 -Lockett v. Ohio - Sentencing authorities must have the discretion to consider every possible mitigating factor, rather than being limited to a specific list of factors

    1980 -Beck v. Alabama -Jury must be allowed to consider lesser included offense, not just capital offense or acquital

    1982 -Enmund v. Florida -Death penalty is not allowed for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill.

    1984 -Pulley v. Harris - Found that there was no constitutional requirement for a proportionality review of sentences in comparable cases throughout a state

    1985 -Glass v. Louisiana -Electrocution does not violate Eight Amendment

    1986 -Ford v. Wainwright -Execution of insane persons banned under Eighth Amendment.

    1987 -Tison v. Arizona -Death penalty may be imposed on a felony-murder defendant who was a major participant in the underlying felony and exhibits extreme indifference to human life.

    1987 -McCleskey v. Kemp -Racial disparities not recognized as a constitutional violation of "equal protection of the law" unless intentional racial discrimination against the defendant can be shown.

    1988 -Lowenfield v. Phelps -Found that the function of restricting the class of murderers eligible for capital punishment can be accomplished by explicit law or by findings of aggravating circumstances

    1988 -Thompson v. Oklahoma -Executions of offenders age fifteen and younger at the time of their crimes is unconstitutional under Eighth Amendment.

    1989 -Stanford v. Kentucky -Eighth Amendment does not prohibit the death penalty for crimes committed at age sixteen or seventeen. (Overturned in Roper v. Simmons (2005))

    1989 -Penry v. Lynaugh -Executing persons with mental retardation is not a violation of the Eighth Amendment. (Overturned in Atkins v. Virginia (2002))

    1990 -Walton v. Arizona -Found judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved" are not unconstitutionally vague. (First finding overturned in Ring v. Arizona (2002))

    1992 -Morgan v. Illinois -A defendant may challenge for cause a prospective juror who would automatically vote to impose the death penalty in every capital case

    1993 -Herrera v. Collins -In the absence of other constitutional grounds, new evidence of innocence is no reason for federal court to order a new trial.

    1995 -Schlup v. Delo -Expanded the ability to reopen a case in light of new evidence of innocence

    2002 -Ring v. Arizona - A death sentence where the necessary aggravating factors are determined by a judge violates a defendant's constitutional right to a trial by jury.

    2002 -Atkins v. Virginia -The execution of mentally retarded defendants violates the Eighth Amendment's ban on cruel and unusual punishment.

    2004 -Tennard v. Dretke -Held that all relevant mitigating factors must be considered in the penalty phase of a death penalty case, not just in the trial phase

    2004 -Schriro v. Summerlin -Held that a requirement from the Ring decision requiring the jury rather than the judge to find aggravating factors would not be applied retroactively.

    2005 -Roper v. Simmons -The death penalty for those who had committed their crimes under 18 years of age is cruel and unusual punishment and violates the Eighth Amendment.

    2006 -Oregon v. Guzek -States may limit the evidence of innocence a defendant may present at his sentencing hearing to evidence already presented at his trial.

    2006 -Hill v. McDonough -Allowed appeal on civil rights violation grounds, even after habeas appeal

    2006 -Kansas v. Marsh -States not prohibited from imposing the death penalty when mitigating and aggravating sentencing factors were both present.

    2006 - House v. Bell - Post-conviction DNA forensic evidence can be considered in death penalty appeals.

    2008 - Baze v. Rees - Found Kentucky's lethal injection method did not violate the Eighth Amendment

    2008 - Kennedy v. Louisiana - States may not impose the death penalty for a crime against an individual which did not result in death.

  • 1 decade ago

    There are waaaay too many to list.


    The most important and wide reaching include:

    Furman v Georgia - declared dp unconstitutional in it arbitrary and capricious application

    Gregg v Georgia, Woodson v North Carolina, Jurek v Texas - reinstated the dp with "guided discretion" sentencing schemes

    Roper v Simmons - declared dp unconstitutional for those under age 18 at time of commission of crime

    Atkins v Virginia - declared dp unconstitutional for mentally retarded

  • 1 decade ago
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