What did the Supreme Court decide about the death penalty?
Asked by: Zoe Runte | Last update: February 11, 2026Score: 5/5 (59 votes)
The Supreme Court has ruled the death penalty isn't inherently unconstitutional but must comply with the Eighth Amendment's ban on "cruel and unusual punishment," leading to restrictions like barring it for juveniles (Roper v. Simmons, 2005) and intellectually disabled individuals (Atkins v. Virginia, 2002) and limiting it to severe crimes like murder. They've upheld capital punishment with fair procedures (Gregg v. Georgia, 1976) but require individualized sentencing, preventing mandatory death sentences, and have limited its application to specific offenses, such as disallowing it for child rape (Kennedy v. Louisiana, 2008).
What has the Supreme Court decided about the death penalty?
The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.
Why did the Supreme Court rule the death penalty unconstitutional in 1972?
Furman ruled that the death penalty was unconstitutional when applied arbitrarily in a manner that leads to discriminatory results.
What did the Supreme Court say about the death sentence?
The Supreme Court held that it can revisit the sentencing aspect of death penalty cases under Article 32 petitions, in case procedural safeguards have not been followed.
Which Supreme Court case decided that the death penalty for juveniles was unconstitutional?
The U.S. Supreme Court (5 – 4) upheld the Missouri Supreme Court and banned the death penalty for juvenile offenders, Roper v. Simmons, 543 U.S. 551 (2005).
Death Penalty Ruling: Supreme Court says death penalty requires unanimous jury
Why did the Supreme Court declare the death penalty to be unconstitutional as administered?
The U.S. Supreme Court was the first federal court to declare the death penalty unconstitutional in violation of the 8th Amendment's prohibition of cruel and unusual punishment.
Can 17 year olds get the death penalty?
Individuals under the age of 18 are exempt from the death penalty. Developments in brain science have renewed debate about whether young adults should also be excluded.
What are the 4 death penalties?
The primary means of execution in the U.S. have been hanging, electrocution, the gas chamber, firing squad, and lethal injection. The Supreme Court has never found a method of execution to be unconstitutional, though some methods have been declared unconstitutional by state courts.
Why does the death penalty not violate the 8th Amendment?
The Supreme Court has held that a death sentence is not inherently cruel and unusual. But, they have concluded laws that make the death penalty mandatory with no discretion are cruel and unusual. The jury or trial judge generally has discretion to consider the individual defendant and their crime.
How is the death penalty decided now?
Unlike other punishments, a jury must decide whether to impose the death penalty. Many states have stopped using the death penalty, though the federal government may still use it.
What was Obama's death penalty?
On 17 January 2017, three days before leaving office after eight years in the White House, President Barack Obama commuted one military death sentence and one federal death sentence. The prisoner in each case will now serve life imprisonment without the possibility of parole.
Why hasn't the U.S. abolished the death penalty?
Stated simply, capital punishment is part of the 'law and order' movement that took hold in US politics at the state and national levels of government starting in the 1980s. Being against the death penalty has been historically labelled “soft on crime,” something that does not accord with America's punitive streak.
What did Jesus say about the death penalty?
Jesus didn't directly address the state's role in capital punishment but showed mercy and challenged human judgment, notably in John 8:1-11 where he told accusers of an adulterous woman, "Let any one of you who is without sin be the first to throw a stone at her," leading to no execution and showing that imperfect people shouldn't judge or carry out severe punishment, and by emphasizing love, forgiveness, and not retaliating ("turn the other cheek" in Matthew 5:38-39), suggesting a focus on mercy over retribution, though some interpret Romans 13:4 as supporting government authority for punishment.
Why did the Supreme Court rule against the death penalty in 1972?
The majority held that, in violation of the Eighth Amendment to the Constitution, the death penalty qualified as “cruel and unusual punishment,” primarily because states employed execution in “arbitrary and capricious ways,” especially in regard to race.
What does "I plead the 8th" mean?
To "plead the 8th" means to invoke the Eighth Amendment of the U.S. Constitution, which protects against excessive bail, excessive fines, and cruel and unusual punishments, preventing the government from imposing overly harsh penalties or exorbitant financial burdens on individuals in the criminal justice system. It's a way for defendants or legal advocates to challenge bail amounts, fines, or prison conditions that they believe violate these constitutional protections, according to sites like the Ronald Reagan Presidential Library and the UCLA School of Law.
Does the jury have to be unanimous for the death penalty?
Therefore, before allowing the court to impose the ultimate penalty, virtually all jurisdictions that authorize the death penalty require juries to make certain decisions unanimously.
How does the death penalty deny human rights?
Annual UN reports on the use of capital punishment worldwide regularly focus on the ways in which the administration of the death penalty violate fundamental human rights, including the denial of due process, racial discrimination, secrecy, and inhumane conditions of confinement and methods of execution.
What would violate the 8th amendment?
Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
How much does the death penalty cost?
In total, the death penalty system cost California taxpayers $137 million each year, the California Commission on the Fair Administration of Justice found, whereas permanent imprisonment for all those currently on death row would cost just $11 million.
What is the only crime punishable by death?
Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, ...
Was the guillotine painless?
The guillotine was designed for swift, supposedly painless death by severing the head, but whether it was truly painless is debated; while it caused rapid unconsciousness from blood loss, historical accounts and experiments suggest the severed head showed signs of sensation like twitching and redness, implying consciousness or pain perception might have lingered briefly after decapitation, making it quick but not necessarily instant or completely free of suffering.
When was the last execution in the US?
The last federal execution in the U.S. was Dustin Higgs on January 16, 2021, under the Trump administration; however, state executions continue, with recent activity in states like Texas and Missouri, so the absolute last U.S. execution overall depends on the specific state's date, with recent ones occurring in late 2024/early 2025 in Missouri (Michael Tisius - June 2023), Texas (Jemelle Hollis, Richard Stark - late 2024), and potentially Ohio (pending new methods in 2025/2026), though federal executions remain on hold.
Which country has no death penalty?
DENMARK abolished the death penalty for all crimes. LUXEMBOURG, NICARAGUA, and NORWAY abolished the death penalty for all crimes. BRAZIL, FIJI, and PERU abolished the death penalty for ordinary crimes.
What is the shortest time on death row?
The shortest time on death row in modern U.S. history is often cited as Joe Gonzales in Texas, who was executed in 1996 after 252 days (about 8 months), having waived appeals to speed up the process. In a notable historical case, Gary Gilmore was executed in Utah just over three months after sentencing in 1977, marking a very swift execution post-resumption of capital punishment.