Death PenaltyDeath PenaltyConstitutional QuestionsConstitutional Questions

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No, that’s unconstitutional. No, that’s unconstitutional. Woodson v. North CarolinaWoodson v. North Carolina (1976) (1976)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No, it was ruled “disproportionate No, it was ruled “disproportionate to the crime.” 20 prisoners were to the crime.” 20 prisoners were released. released. Coker v. GeorgiaCoker v. Georgia (1977) (1977)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

What if it is the rape of a child?What if it is the rape of a child? No, still unconstitutional. No, still unconstitutional. Kennedy Kennedy

v. Louisianav. Louisiana (2008)* (2008)*

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No, there is no requirement for No, there is no requirement for “comparability review.” “comparability review.” Pulley v. Pulley v. HarrisHarris (1984) (1984)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No, that is “cruel and unusual.” No, that is “cruel and unusual.” Ford v. WainwrightFord v. Wainwright (1986) (1986)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No. No. Thompson v. OklahomaThompson v. Oklahoma (1988)(1988)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

This is NOT categorically This is NOT categorically unconstitutional. unconstitutional. Penry v. Penry v. LynaughLynaugh (1989)* (1989)*

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

No. “Few rulings would be more No. “Few rulings would be more disruptive… than to provide for disruptive… than to provide for federal habeas review of freestanding federal habeas review of freestanding claims of actual innocence.” claims of actual innocence.” Herrera Herrera v. Collinsv. Collins (1993) (1993)

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

It was unconstitutional to use It was unconstitutional to use peremptory challenges to remove peremptory challenges to remove all blacks from a jury. all blacks from a jury. Snyder v. Snyder v. LouisianaLouisiana (2008)* (2008)*

Constitutional?Constitutional?

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

Constitutional?Constitutional?

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

Lethal injection was upheld as not Lethal injection was upheld as not “cruel and unusual.”“cruel and unusual.” Baze v. Rees Baze v. Rees (2008)(2008)