Death Penalty Constitutional Questions. Constitutional?  Can the death penalty be mandated for certain crimes?

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    05-Jan-2016

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  • Death PenaltyConstitutional Questions

  • Constitutional?Can the death penalty be mandated for certain crimes?

  • Constitutional?Can the death penalty be mandated for certain crimes?No, thats unconstitutional. Woodson v. North Carolina (1976)

  • Constitutional?Can the death penalty be used as a punishment for rape?

  • Constitutional?Can the death penalty be used as a punishment for rape?No, it was ruled disproportionate to the crime. 20 prisoners were released. Coker v. Georgia (1977)

  • Constitutional?What if it is the rape of a child?

  • Constitutional?What if it is the rape of a child?No, still unconstitutional. Kennedy v. Louisiana (2008)*

  • Constitutional?Do states have to treat comparable cases the same way?

  • Constitutional?Do states have to treat comparable cases the same way?No, there is no requirement for comparability review. Pulley v. Harris (1984)

  • Constitutional?Can a state execute a person who is insane?

  • Constitutional?Can a state execute a person who is insane?No, that is cruel and unusual. Ford v. Wainwright (1986)

  • Constitutional?Can youths under 16 be sentenced to death?

  • Constitutional?Can youths under 16 be sentenced to death?No. Thompson v. Oklahoma (1988)

  • Constitutional?Can a state execute a person who is mentally retarded?

  • Constitutional?Can a state execute a person who is mentally retarded?This is NOT categorically unconstitutional. Penry v. Lynaugh (1989)*

  • Constitutional?Is new proof of innocence grounds for an appeal?

  • Constitutional?Is new proof of innocence grounds for an appeal?No. Few rulings would be more disruptive than to provide for federal habeas review of freestanding claims of actual innocence. Herrera v. Collins (1993)

  • Constitutional?Can a state exclude all blacks from the jury in a death penalty case?

  • Constitutional?Can a state exclude all blacks from the jury in a death penalty case?It was unconstitutional to use peremptory challenges to remove all blacks from a jury. Snyder v. Louisiana (2008)*

  • Constitutional?How much is too much pain in an execution?

  • Constitutional?How much is too much pain in an execution?Lethal injection was upheld as not cruel and unusual. Baze v. Rees (2008)

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