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Speak Out
Is the death penalty constitutional?
By John Vettese, Student Voices staff writer
In the same week the state of Georgia executed Troy Davis by lethal injection, two other men convicted of murder were put to death in other parts of the country.
Alabama executed Derrick O’Neal Mason, who was convicted of the 1994 shooting of a convenience store clerk, and Texas executed Lawrence Russell Brewer, a white supremacist who killed a black man, James Byrd Jr., by dragging him behind a truck.
Davis’ case generated the most attention, nationally and internationally, when his cause drew some prominent supporters. After his conviction, several witnesses who identified Davis as the shooter recanted their testimony, and some jurors said they changed his mind about whether he was guilty. Davis maintained his innocence until the end. His execution reignited the debate over the death penalty in the United States, and whether it violates the Constitution.
The death penalty, also known as capital punishment, has existed around the globe for centuries. It came under debate in the United States in the late 1800s, when the Supreme Court ruled in In re Kemmler that death by electrocution is not “cruel and unusual punishment” – something the Eighth Amendment protects us from. The debate continued, and in 1972, the court decided in Furman v. Georgia that Georgia’s death penalty law was unconstitutional because it was imposed in an arbitrary and discriminatory manner. That decision effectively struck down death penalty laws in 40 other states. Capital punishment was allowed to resume in 1976 when the court ruled in Gregg v. Georgia that the death penalty can be constitutional when it includes sentencing guidelines, room for appeals and other restrictions.
The Supreme Court continued to address the issue of capital punishment over the decades, ruling that juveniles could not receive the death penalty but that there was no prohibition again executing mentally retarded inmates.
At the time of Davis’ execution, 35 inmates had been put to death in 2011. Some 3,200 others in 36 states are on death row, awaiting execution. Some states, like New Mexico, have abolished the death penalty, but plan to carry out the executions of those already on death row. In total, the death penalty is allowed in 34 states, with the greatest number of executions in Texas (475 executions since 1976, 11 of them in 2011) and Virginia (106 executions since 1976, one of them in 2011). By comparison, 16 states don’t have capital punishment: Michigan has never executed a prisoner while New Jersey and Illinois have repealed capital punishment more recently.
What do you think?
Is the death penalty constitutional? Should states be permitted to carry out the death penalty? What kinds of restrictions, if any, should be imposed? Or does the practice violate the constitutional right to protection against cruel and unusual punishment? Join the discussion!
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