It’s time to revise and add clarity for the sake of justice. Conservatives can afford to make concessions on this issue in exchange for concessions on others.
The death penalty in the United States is governed by a combination of federal laws, state laws, and key court rulings that have shaped its application. Here’s a detailed breakdown:
Federal Laws Governing the Death Penalty
1. Federal Death Penalty Act of 1994:
• Established procedures for imposing the death penalty in federal cases.
• Applies to crimes such as terrorism, espionage, and certain murders (e.g., during a drug-related offense).
2. Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996:
• Aimed to expedite death penalty appeals by limiting habeas corpus petitions.
• Imposed stricter timelines and standards for state prisoners challenging their convictions.
3. Eighth Amendment of the U.S. Constitution:
• Prohibits cruel and unusual punishment.
• Used as the basis for challenging the death penalty in cases of excessive pain or arbitrary sentencing.
4. Fourteenth Amendment:
• Ensures due process and equal protection under the law, influencing procedural safeguards in death penalty cases.
Key Court Rulings Shaping the Death Penalty
1. Furman v. Georgia (1972):
• Declared the death penalty unconstitutional as applied, citing arbitrariness and racial bias.
• Led to a temporary moratorium on the death penalty.
2. Gregg v. Georgia (1976):
• Reinstated the death penalty with revised sentencing procedures to reduce arbitrariness.
• Required bifurcated trials (separate proceedings for guilt and sentencing).
3. Atkins v. Virginia (2002):
• Prohibited the execution of individuals with intellectual disabilities.
4. Roper v. Simmons (2005):
• Banned the death penalty for individuals under 18 at the time of the crime.
5. Glossip v. Gross (2015):
• Upheld the use of midazolam in lethal injections despite concerns about pain and suffering.
6. Bucklew v. Precythe (2019):
• Ruled that inmates challenging execution methods must propose a feasible alternative.
Proposals to Limit or Abolish the Death Penalty
1. Legislative Proposals:
• Federal Abolition Bills:
• Recent bills, such as the “Federal Death Penalty Prohibition Act,” aim to abolish the death penalty at the federal level.
• State-Level Reforms:
• States like Colorado and Virginia have recently abolished the death penalty, inspiring similar efforts in others.
2. Moratorium on Executions:
• Advocacy groups call for temporary halts to executions to review racial disparities, wrongful convictions, and procedural issues.
3. Limiting Eligible Crimes:
• Proposals include narrowing the list of crimes eligible for the death penalty, such as excluding felony murder (where the defendant didn’t directly kill).
4. Racial Justice Act Proposals:
• Modeled after North Carolina’s 2009 law (later repealed), allowing defendants to challenge death sentences based on evidence of racial bias.
5. Eliminating Lethal Injection:
• Critics suggest abandoning lethal injection due to frequent botched executions and moving toward alternative methods (e.g., firing squads), while abolitionists argue this underscores the need to end the practice entirely.
6. Focus on Life Without Parole (LWOP):
• Proponents advocate LWOP as a more humane and cost-effective alternative.