Death Penalty and the Supreme Court

From the Paper:

"Much of the constitutional debate surrounding the death penalty concerns its compatibility with the Eighth Amendment's prohibition against the imposition of cruel and unusual punishment (Murphy, 1993, p. 51). Justice William Brennan, Jr., has argued that the sentence of death offends both the dignity of the prisoner and the evolving standards of decency which reflect the advance of a maturing society. That position has not prevailed and, given the present composition of the Supreme Court, it is unlikely that it will in the near future.
Newer members, such as Justice Antonin Scalia, have a more restricted view of the Court's role in society and they resist any measures that would make the justices "philosopher-kings" rather than "judges of the law." The debate over whether the death penalty is inherently unjust, or offends civilized..."

More papers on Death Penalty and the Supreme Court:

• Research Paper # 46105 : "The Death Penalty in the U.S. and Canada"
• Term Paper # 60934 : "The Death Penalty and Minors"
• Research Paper # 92590 : "The Juvenile Death Penalty"

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