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
Sep 19, 2024
Hispanic Heritage Month: Leonel Herrera and the “Agony of Doubt”
In honor of Hispanic Heritage Month (Sept. 15-Oct. 15), DPI is posting a weekly feature on Hispanic or Latino/a people who have had a significant impact on the death penalty in the U.S. The first post in this series tells the story of Leonel Herrera, the defendant at the center of a key Supreme Court case on…
Read MoreNews
Sep 16, 2024
NEW RESOURCE: American Bar Association Reports on Capital Punishment and the State of Criminal Justice 2024
The American Bar Association’s Criminal Justice Section has announced its forthcoming annual report, The State of Criminal Justice 2024, examining the state of the American criminal legal…
Read MoreNews
Jul 17, 2024
United States Supreme Court Issues Rare Last-Minute Stay for Ruben Gutierrez
The state of Texas was scheduled to execute Ruben Gutierrez (pictured) on July 16, 2024; however, the United States Supreme Court issued a rare, last-minute stay of execution just 20 minutes before he was scheduled to be executed by lethal injection. This is the first stay of execution granted by the Supreme Court since it issued a stay for Richard Glossip in 2023. In a petition filed with the Supreme Court, attorneys for Mr. Gutierrez asked the Court to intervene because Texas has denied…
Read MoreNews
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…
Read MoreNews
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…
Read More