Overview
The Supreme Court is the final arbiter of whether the constitution is being followed. States may be more protective of individual rights than required under the federal constitution, but they cannot be less protective. In particular, the Supreme Court is responsible for ensuring that state use of the death penalty adheres to our fundamental rights. Court rulings can involve the methods of execution used, the competency of defense counsel, the selection of juries, the behavior of the prosecution, and many other matters protected by the right to due process.
In the earlier history of the country, the Supreme Court left much of the practice of the death penalty and other punishments to the states’ discretion, rarely ruling on whether any practice should be considered cruel and unusual. In recent decades, the Court has regularly considered multiple capital cases each term. Some of these cases arise from appeals of state rulings involving the U.S. constitution, others are result of federal decisions on both state and federal death penalty matters.
At Issue
The key question for the Supreme Court is whether the death penalty itself continues to be constitutional in light of its rare use and its rejection by large segments of society. Recent revelations about the risks of executing innocent defendants, racial bias in its application, and the lengthy time inmates spend on death row, has led society to rethink its support of the death penalty. Some Justices have called for a comprehensive review of the practice. The make-up of the Court is likely to determine when such a case might be considered and how the Court will rule.
What DPIC Offers
DPIC has summaries of the important death penalty cases decided by the Supreme Court in the modern era. The opinions of individual Justices on the practice of the death penalty in the U.S. are highlighted. Cases that the Court has decided to hear but have not yet been argued are previewed on the website.
News & Developments
News
Jun 13, 2024
By Reversing Grants of Relief, Supreme Court Signals Lower Courts to Apply Stricter Approach to Review of Ineffective Assistance of Counsel Claims
In the past two weeks, the Supreme Court overturned grants of relief for two death-sentenced prisoners. In both cases, lower courts had found they received ineffective assistance of counsel at trial. The Court’s rulings are in line with its other decisions in death penalty cases restricting appeals for death-sentenced prisoners and extolling the importance of “finality” over merits-based…
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May 17, 2024
Tennessee Authorizes Death Penalty for Child Sexual Assault in Direct Challenge to Supreme Court Precedent
On May 9, Governor Bill Lee of Tennessee signed a bill authorizing the death penalty for aggravated rape of a child, following Florida’s passage of a similar law last year. Both laws contradict longstanding Supreme Court precedent holding the death penalty unconstitutional for non-homicide crimes. Tennessee’s law takes effect on July 1. The state has had a death penalty moratorium in place since May 2022 after Governor Lee learned that state officials had failed to test execution drugs for…
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News
May 07, 2024
In Amicus Briefs, Conservative Officials, Oklahoma Lawmakers, and Civil Rights Groups are United in Urging the U.S. Supreme Court to Vacate Richard Glossip’s Conviction
On April 30, 2024, a week after the parties in Glossip v. Oklahoma filed merits briefs at the United States Supreme Court, several amici filed briefs in support of the parties’ joint position, asking the Court to grant Richard Glossip (pictured) a new trial. Ken Cuccinelli, the former Virginia Attorney General and Deputy Secretary of Homeland Security under President Donald Trump, said in his brief that the consequences of failing to overturn Mr. Glossip’s conviction are “most dire.”…
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News
Apr 24, 2024
Supreme Court Roundup: Justices Hear Oral Arguments on Ineffective Assistance of Counsel, Cruel and Unusual Punishment; Defend Positions on Stays
On April 17, the Supreme Court heard oral arguments in Thornell v. Jones, a case implicating the test for ineffective assistance of counsel — and the first and only oral argument in a death penalty case scheduled this term. Arizona appealed the Ninth Circuit’s decision vacating the death sentence of Danny Lee Jones, which found that Mr. Jones was prejudiced by his attorney’s failure to present key mitigating evidence as to Mr. Jones’ brain damage, childhood physical and sexual abuse, and…
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News
Apr 17, 2024
Justices Sotomayor and Jackson Issue Dissents Over Supreme Court’s Refusal to Review Two Capital Misconduct Cases
On Monday, April 15, Justices Ketanji Brown Jackson and Sonia Sotomayor issued dissents over the Supreme Court’s refusal to hear the petitions of two death-sentenced prisoners who alleged official misconduct in their cases. In the first case, Dillion Compton alleged that Texas prosecutors illegally used thirteen of their fifteen peremptory strikes to remove female prospective jurors because of their gender. In the second case, Kurt Michaels argued that California police officers unlawfully…
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