Spring 2004
The Future of Capital Punishment: Current Policies and New Debates
Learning Links & Readings
Supreme Court Decisions
Significant
U.S. Supreme Court Decisions in Capital Cases Since 1970. Southern Center for
Human Rights, June 22, 1999.
U.S. Supreme Court case decisions. Cornell University Legal
Information Institute Supreme Court Collection.
Cases
Some cases are linked from The Oyez Project of Northwestern University, which provides an abstract and voting information
for each case, as well as a link to the full-text opinion of the Supreme Court (provided by FindLaw).
Batson v. Kentucky, 476 U.S. 79 (1986)
Did the prosecutor's removal of the black jurors by using peremptory strikes violate the defendant's rights under the Sixth and Fourteenth Amendments to a jury drawn from a cross-section of the community, and under the Fourteenth Amendment to equal protection of the laws?
Breard v. Greene, 523 U.S. 371 (1997)
May a Paraguayan national receive a stay of execution because he was not informed of his treaty rights under the Vienna Convention on Consular Relations?
Booth
v. Maryland, 482 U.S. 496 (1987)
Does the Eighth Amendment of the Constitution, which protects a defendant from cruel and
unusual punishment, prohibit a jury from considering a victim impact statement during the
sentencing phase of a capital murder trial?
Coker
v. Georgia, 433 U.S. 584 (1977)
Was the imposition of the death penalty for the crime of rape a form of cruel and unusual
punishment forbidden by the Eighth Amendment?
Furman
v. Georgia, 408 U.S. 238 (1972)
Does the imposition and carrying out of the death penalty in these cases constitute cruel
and unusual punishment in violation of the Eighth and Fourteenth Amendments?
Gregg
v. Georgia, 428 U.S. 153 (1976)
Is the imposition of the death sentence prohibited under the Eighth and Fourteenth
Amendments as "cruel and unusual" punishment?
Harmelin v. Michigan, 501 U.S. 957 (1991)
Is a statutorily mandated sentence that does not allow for consideration of mitigating
factors a violation of the Eighth Amendment's protection against cruel and unusual
punishments?
Herrera v. Collins, 506 U.S. 390 (1993)
In the absence of other constitutional grounds, new evidence of innocence is no reason for
federal court to order a new trial.
Jurek
v. Texas, 428 U.S. 262 (1976)
Is the death penalty a "cruel and unusual" punishment? Is Texas'
capital-sentencing procedure unconstitutional?
Lockett
v. Ohio, 438 U.S. 586 (1978)
Did the Ohio law violate the Eighth and Fourteenth Amendments by limiting the
consideration of mitigating factors?
Lockhart v. McCree, 476 U.S. 162 (1986)
Does the Constitution prohibit the removal of prospective jurors whose opposition to the death penalty is so strong that it would prevent or substantially impair the performance of their duties as jurors at the sentencing phase of the trial?
Louisiana
v. Resweber, 329 U.S. 459 (1947)
Does the second attempted execution deny Francis due process of law because of double
jeopardy guaranteed by the Fifth Amendment and because of cruel and unusual punishment of
the Eighth Amendment?
McCleskey v. Kemp, 481 U.S. 279 (1987)
Did the statistical study prove that McCleskey's sentence violated the Eighth and
Fourteenth Amendments?
Penry
v. Lyanaugh, 492 U.S. 302 (1989)
Was Penrys sentence cruel and unusual punishment?
Proffitt
v. Florida, 428 U.S. 242 (1976)
Is the death penalty a "cruel and unusual" punishment? Is Florida's
capital-sentencing procedure unconstitutional?
Ring v. Arizona, 536 U.S. 584 (2002)
Does Arizona's capital sentencing scheme violate the Sixth Amendment's jury trial guarantee by entrusting to a judge the finding of facts sufficient to impose the death penalty?
Roberts
v. Louisiana, 428 U.S. 325 (1976)
Does Louisiana's death-penalty sentencing scheme violate the Eighth and Fourteenth
Amendments' safeguards against arbitrary and capricious death penalty impositions?
Rummel
v. Estelle, 445 U.S. 263 (1980)
Did Rummel's life sentence under the Texas recidivist law constitute cruel and unusual
punishment in violation of the Eighth Amendment?
Stanford
v. Kentucky, 492 U.S. 361 (1989)
Does the imposition of the death sentence on convicted capital offenders below the age of
18 years old, violate the Eighth Amendment's protection against cruel and unusual
punishment?
Thompson
v. Oklahoma, 487 U.S. 815 (1988)
Would the execution of a 15 year old violate the Eighth Amendment's prohibition against
"cruel and unusual punishments"?
Turner v. Murray, 476 U.S. 28 (1986)
Did a trial judge's refusal to question the prospective jurors on racial prejudice (after the judge had been asked to do so) deprive the defendant of a fair trial?
Walton v. Arizona, 497 U.S. 639 (1990)
Must a jury make every finding of fact underlying a sentencing decision?
Witherspoon v. Illinois, 391 U.S. 510 (1968)
Did the elimination of potential jurors on the basis of their scruples about the death penalty result in a jury that fell short of that guaranteed to the petitioner under the Sixth and Fourteenth Amendments?
Woodson
v. North Carolina, 428 U.S. 280 (1976)
Did the mandatory death penalty law violate the Eighth and Fourteenth Amendments?
Back to Learning Links & Readings Home
|