United States Supreme Court

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.