Question

Discuss the evolution of the death penalty in the United States. Your answer should include a discussion of the major decisions by the U.S. Supreme Court regarding the death penalty.

Answer 1

• The history of the death penalty in the USA may be traced back to colonial times in the 1600’s. It is claimed that the first recorded death sentence and execution by firing squad was carried out in the British colony of Jamestown, Virginia in 1608.
• It was in 1794 that Pennsylvania, the first state to consider degrees of murder, repealed the Death Penalty for all offenses except first degree murder.
• During the early part of the nineteenth century, the move to abolish the Death Penalty was seen in many states as a result of the “Jacksonian era,” which condemned the use of the gallows and proclaimed a more humane treatment of criminals.
• A Progressive Period of reform took place during the first half of the Twentieth Century. Between 1907 and 1917, six states outlawed the death penalty, and three others limited it to crimes of treason and first degree murder of law enforcement officials. This reform was short- lived.
• During the late 60’s and 70’s, many court cases were brought before the Supreme Court which focused on the role of the jury and its discretion, recommendations, reservations or impartiality to the death penalty,for example, U.S. v. Jackson (1968), Witherspoon v. Illinois (1968).
• The famous Furman v. Georgia (1972) court cases set the standard for many years to come in the USA.The Supreme Court concluded that giving the jury total discretion when deciding on the death penalty for murder was “cruel and unusual” punishment and in violation of the Eighth Amendment, especially if it did not fit the crime.
• Although the execution of juveniles under the age of sixteen was considered unconstitutional in some states, restrictions still existed. In states lacking a minimum age limit in its death penalty statute, juveniles under the age of sixteen at the time the crime was committed could still be executed. In 1989, the Supreme Court maintained that the Eighth Amendment did not prohibit capital punishment for crimes committed by sixteen year olds.
• The Court’s majority recommended that those who could prove their innocence seek executive clemency from the governor of the state. Nevertheless, seeking clemency was somewhat prohibited when the appeals process was changed due to the Anti-Terrorism and Effective Death Penalty Act of 1996. It became much more difficult for Death Row inmates to get a conviction overturned.