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Coker v. Georgia, 433 U.S. 584 (1977) – The death penalty is unconstitutional for rape of an adult woman when the victim is not killed.; Enmund v. Florida, 458 U.S. 782 (1982) – The death penalty is unconstitutional for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill.
The United States executed zero people from 1968 to 1976. The anti-death penalty movement's biggest victory of this time period was the Supreme Court Case, Furman v. Georgia, of 1972. The Supreme Court found the current state of the death penalty unconstitutional due to its "arbitrary and discriminatory manner" of application. [7]
Vermont has abolished the death penalty for all crimes, but has an invalid death penalty statue for treason. [87] When it abolished the death penalty in 2019, New Hampshire explicitly did not commute the death sentence of the sole person remaining on the state's death row, Michael K. Addison. [88] [89]
As of January 2024, there were nearly 2,200 prisoners facing the death penalty in state cases, according to the center, which states the death row population has been declining over the last 20 years.
In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override. [3] Researchers who analyzed survey data from thousands of capital jurors found that "residual doubt" about the person's guilt was the most significant reason jurors voted for a life sentence instead of the death penalty.
The next day, columnist Barry Schweid wrote that it was "unlikely" that the death penalty could exist anymore in the United States [18] but there was a backlash and public support for the death penalty increased dramatically after the Furman decision. According to Stephen F. Smith the increase of public support for the death penalty was driven ...
Louisiana, 554 U.S. 407 (2008), the Court extended the reasoning of Coker by ruling that the death penalty was excessive for child rape "where the victim's life was not taken". [55] The Supreme Court failed to note a federal law, which applies to military court-martial proceedings, providing for the death penalty in cases of child rape. [56]
During various periods from the 1600s onward, New York law prescribed the death penalty for crimes such as sodomy, adultery, counterfeiting, perjury, and attempted rape or murder by slaves. [8] In 1796, New York abolished the death penalty for crimes other than murder and treason, but arson was made a capital crime in 1808. [8]