4.10 Substantive Law: Capital Punishment
Capital punishment otherwise known as the death penalty is a popular topic, and much has been written about this lethal punishment. One excellent resource for learning about the death penalty is the Death Penalty Information Center (DPIC), a nonprofit organization that publishes studies and analyzes trends in death penalty law and application. In figure 4.2 you can see how the application of the death penalty varies widely from state to state.
Check out these sites if you would like to learn more about the death penalty.
The use of the death penalty as a response to crime in industrialized nations raises many questions:
- Is the death penalty a deterrent?
- Is the death penalty justified by the idea of punishing someone for their actions?
- Is the death penalty morally or ethically justified?
- Does it cost more to impose a death sentence or to impose a true-life sentence?
- Are factually innocent individuals erroneously executed (and if so, how often)?
- Is any particular manner of execution cruel and unusual?
- Is the death penalty, in itself, cruel and unusual punishment?
Courts answer only the last two questions and in the past, upheld various methods of execution, including firing squad, electrocution, gas chamber, hanging, and lethal injection. The constitutionality of these methods has been subject to legal challenges over the years, but the Supreme Court has not said that any specific method of execution is always wrong. The Court seems okay with the idea of capital punishment, as long as it’s not unfairly cruel and unusual. They’ve found that it’s not disproportionately harsh if the crime led to someone’s death. However, the Court thinks differently when the crime didn’t result in the death of the victim. For example, in the case Coker v. Georgia in 1977 [Website], the Court said it’s not okay to give the death penalty for crimes like rape if the victim is an adult.
This decision in Coker suggests that the death penalty is too extreme for crimes that don’t involve taking a person’s life. In another case, Kennedy v. Louisiana, the Court disagreed with a Louisiana law that allowed the death penalty for raping a child under 12 years old. The Court, in this case, said that it’s not right to use the death penalty for a crime where the victim didn’t die, and there was no intention for the victim to die.
Mental Illness, Mental Deterioration, and the Death Penalty
The Supreme Court has made important decisions regarding the execution of individuals with mental health issues. The Eighth Amendment to the Constitution prohibits the execution of someone who is legally insane, as established in the case Ford v. Wainwright in 1986 [Website]. In 2007, another case, Panetti v. Quarterman, established that a prisoner has the right to a hearing about their mental condition if they can show that their mental state might prevent their execution. The Court emphasized the importance of considering mental health in the execution process.
A more recent case, Madison v. Alabama in 2019, dealt with a 70-year-old death row inmate who killed a police officer in 1985 and now, due to dementia caused by strokes, couldn’t understand the reason for his punishment. The Court ruled that states cannot execute a person who lacks the capacity to comprehend their punishment. The decision clarified that memory loss alone doesn’t make someone exempt from execution, but if it combines with other mental challenges, the Court must consider it.
The Court highlighted that mental challenges, whether from delusions, dementia, or other disorders, should be examined based on their impact on an individual’s grasp of reality and understanding of their punishment, following the precedent set in Atkins v. Virginia in 2002. This emphasizes the importance of considering an inmate’s mental capacity before deciding on execution.
Licenses and Attributions for Substantive Law: Capital Punishment
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“Substantive Law: Capital Punishment” is adapted from “3.9. Substantive Law: Physical Punishment Sentences” by Lore Rutz-Burri in SOU-CCJ230 Introduction to the American Criminal Justice System by Alison S. Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, and Shanell Sanchez, licensed under CC BY-NC-SA 4.0. Modifications by Sam Arungwa, revisions by Roxie Supplee, licensed CC BY-NC-SA 4.0 include substantial revisions for clarity.
All Rights Reserved Content
Figure 4.2. Death Penalty Status by Jurisdiction from The Death Penalty Information Center is all rights reserved and included with permission.
A penalty imposed on someone who has committed a crime.
A system of rules enforced through social institutions to govern behavior.
One who has suffered direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.
A person's emotional, psychological, and social well-being. Mental health includes our emotional, psychological, and social well-being. It affects how we think, feel, and act. It also helps determine how we handle stress, relate to others, and make choices.
