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Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States which held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for a crime in which the victim did not die and the victim's death was not intended.
Harris, 465 U.S. 37 (1984) — A state appellate court, before it affirms a death sentence, is not required to compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner. Whitmore v. Arkansas, 495 U.S. 149 (1990) — Mandatory appellate review is not required in death penalty cases.
Post-conviction DNA forensic evidence can be considered in death penalty appeals Hill v. McDonough: 547 U.S. 573 (2006) a challenge to lethal injection as violating the Eighth Amendment properly raised a claim under 42 U.S.C. § 1983, and is not barred by previous habeas corpus petition Hudson v. Michigan: 547 U.S. 586 (2006)
Atkins v. Virginia, 536 U.S. 304 (2002), is a case in which the Supreme Court of the United States ruled 6–3 that executing people with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishments, but that states can define who has an intellectual disability.
In Gregg, the Court ruled that Georgia's revised death penalty laws passed Eighth Amendment scrutiny: the statutes provided a bifurcated trial in which guilt and sentence were determined separately; and, the statutes provided for "specific jury findings" followed by state supreme court review comparing each death sentence "with the sentences ...
The Court also found that the death penalty "comports with the basic concept of human dignity at the core of the [Eighth] Amendment". The death penalty serves two principal social purposes—retribution and deterrence. "In part, capital punishment is an expression of society's moral outrage at particularly offensive conduct".
Furman v. Georgia, 408 U.S. 238 (1972), was a landmark criminal case in which the United States Supreme Court decided that arbitrary and inconsistent imposition of the death penalty violates the Eighth and Fourteenth Amendments, and constitutes cruel and unusual punishment.
Bucklew v. Precythe, 587 U.S. 119 (2019), was a United States Supreme Court case regarding the standards for challenging methods of capital punishment under the Eighth Amendment to the United States Constitution.