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Sumner v. Shuman, 483 U.S. 66 (1987) – Mandatory death penalty for a prison inmate who is convicted of murder while serving a life sentence without possibility of parole is unconstitutional. Kennedy v. Louisiana, 554 U.S. 407 (2008) – The death penalty is unconstitutional for child rape and other non-homicidal crimes against the person.
The anti-death penalty movement began to pick up pace in the 1830s and many Americans called for abolition of the death penalty. Anti-death penalty sentiment rose as a result of the Jacksonian era, which condemned gallows and advocated for better treatment of orphans, criminals, poor people, and the mentally ill.
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".
It’s unlikely that Judge Paul Ridgeway would rule against existing law and precedent, but the hearing does create the opportunity for ACLU attorneys to get their anti-death penalty arguments ...
"There was a pause in the death penalty in the early '70s, and when the death penalty came back a few years later, the first execution in this country was by firing squad," he said.
Research from Amnesty International found no evidence that the death penalty deterred crime more than life imprisonment. The truth is that capital punishment is not an inevitable part of Asia’s ...
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.
In 13 legal briefs, the prosecution countered thousands of pages filed earlier by the defense that posed myriad arguments, including that the state’s death penalty statute is ...