Die Arbeit verschafft einen Überblick über die Todesstrafe in der USA. Dabei wird versucht die gesamte Geschichte der Todesstrafe von der Kolonialzeit bis heute zu skizzieren. Anhand ausgewählter Fälle des Obersten Gerichtshofes (vor allem aus den 1960er Jahren) werden Verfassungsmässigkeit etc. bestimmter Fälle diskutiert. Insgesamt verschafft die Arbeit einen guten Überblick über das gesamte Todesstrafensystem der USA (nur auf jurisitischer, nicht politischer oder moralischer Ebene)
Electrocution, lethal injection, gas chamber, hanging, shooting, beheading or stoning are different ways or instruments to execute a person who is sentenced to death.
Death penalty or capital punishment means the intentional killing of a person who is guilty to have committed a certain crime. After a legal trial, the person is sentenced to death. The way by which the death is put into effect depends on the country and its laws.
Death penalty or capital punishment is a very controversial topic concerning political, judicial and moral issues.
This paper will be about the death penalty prior in the United States of America.
In part I, I will present some facts and figures as well as give a short introduction to death penalty in general. I think it will be also necessary to outline the history of the death penalty in the United States. I will give a short overview of the most important developments from colonial times until the 1950s.
The 1960s constituted a big challenge for the legality and constitutionality of the death penalty. That is why I will analyze this period in particular in Part II of this work. I will present selected Supreme Court Cases and their decisions. Thus, I will try to elaborate the judicial developments of the death penalty in the United States. Therefore, I will deal with cases regarding the constitutionality of the death penalty; furthermore with cases on death penalty laws and limitations of the death penalty.
I want to emphasize that I will concentrate primarily on the judicial aspects of this topic, I will not deal with moral or political issues, but they might be mentioned additionally. By this means, I would like to examine how the death penalty is anchored in U.S. law and to find out which cases played an important role and contributed to this development. In so doing, I will draft a picture of the death penalty system in the United States.
Table of Contents
Introduction:
I.) Introduction to the topic
1. Basic ideas:
2. Facts and Figures:
3. History of the Death Penalty in the USA until the 1950s
II.) Selected Supreme Court Cases
1. Determining the Constitutionality of the Death Penalty
1.1. Challenging the Death Penalty in the 1960s
1.2. Suspending the Death Penalty
1.3. Reinstating the Death Penalty
2. Refining Death Penalty Laws
3. Limiting the Death Penalty
3.1. Death Penalty for rape is held unconstitutional
3.2. Further adjudications on the limitation of the death penalty
3.3. Mental illness and mental retardation
3.4. Race
3.5. Juveniles
Conclusion
Research Objectives & Key Topics
This paper examines the history and legal status of the death penalty in the United States, with a primary focus on judicial developments shaped by significant U.S. Supreme Court rulings that have defined and limited the scope of capital punishment.
- Historical evolution of capital punishment in the U.S. from colonial times.
- Interpretation of the Eighth Amendment regarding "cruel and unusual punishment."
- Constitutional limitations on the death penalty for specific crimes and offender groups.
- The impact of landmark Supreme Court cases on state legislation and jury procedures.
- The intersection of legal mandates with societal standards of decency.
Excerpt from the Book
1.1. Challenging the Death Penalty in the 1960s
Before the 1960s, the 5th, the 8th and the 14th amendment were seen as permission for the use of the death penalty. But in the 1960s, capital punishment was seen more and more “cruel and unusual” and therefore it was declared unconstitutional under the 8th amendment.
Trop v. Dulles, 356 U.S. 86 (1958)
A very important role played the case of “Trop v. Dulles” which originally was a federal court case, but finally led to a 5/4 decision by the Supreme Court in 1958.
Albert Trop, a native-born U.S. citizen had served in the United States Army. He had escaped from an Army stockade in Casablanca, French-Morocco in 1944. The next day, he had surrendered and had been taken back to the base. Trop was convicted of desertion by the military court and was sentenced to 3 years at hard labor, forfeiture of pay and dishonorable discharge. Later on, in 1952, he wanted to apply for a passport but was denied. The background of this denial was the Nationality Act of 1940, which ruled that members of the military forces of the US who deserted would lose their citizenship.
Summary of Chapters
Introduction: Outlines the scope of the paper, focusing on the history of the death penalty and the transition from colonial practices to judicial reforms during the 1960s.
I.) Introduction to the topic: Provides a global perspective and historical facts regarding capital punishment, including the significance of the 5th, 8th, and 14th Amendments.
II.) Selected Supreme Court Cases: Analyzes key judicial milestones that challenged, suspended, reinstated, and limited the implementation of the death penalty in the United States.
Conclusion: Synthesizes the constitutional arguments surrounding the death penalty and reflects on the evolving legal standards that define modern American jurisprudence on the issue.
Keywords
Death penalty, capital punishment, Supreme Court, Eighth Amendment, cruel and unusual punishment, constitutionality, judicial development, sentencing, legal history, human rights, mental illness, race discrimination, juvenile offenders, guided discretion, Trop v. Dulles.
Frequently Asked Questions
What is the primary focus of this academic paper?
The paper focuses on the legal and judicial history of the death penalty in the United States, specifically exploring how Supreme Court decisions have shaped its application over time.
What are the central themes discussed in the work?
Key themes include the constitutionality of the death penalty, its historical context, the role of jury discretion, and the evolving standards of decency that influence legal interpretations.
What is the primary research goal?
The goal is to provide a comprehensive picture of how the death penalty is anchored in U.S. law and to identify the landmark cases that contributed to its development and limitation.
Which scientific methodology is employed?
The author uses a descriptive and analytical approach, reviewing legal history and examining specific Supreme Court cases to demonstrate how legal precedents affect capital sentencing.
What topics are covered in the main section of the paper?
The main section details the history until the 1950s, the legal challenges of the 1960s, the suspension and reinstatement of the death penalty, and subsequent limitations concerning mental illness, race, and age.
Which keywords best characterize this work?
Important keywords include death penalty, Supreme Court, constitutional law, Eighth Amendment, and judicial precedent.
How did the Supreme Court change jury selection in capital cases in 1968?
In the case of Witherspoon v. Illinois, the Court ruled that states could not exclude jurors merely because they expressed general conscientious scruples against the death penalty, as this rendered the jury non-impartial.
What was the outcome of the case Furman v. Georgia regarding capital punishment?
The Supreme Court ruled that death penalty statutes in Georgia and Texas were unconstitutional due to arbitrary and inconsistent application, leading to a temporary national suspension of the death penalty.
How does the paper differentiate the treatment of juvenile offenders?
The paper outlines a legal progression from initial ambiguity to the final decision in Roper v. Simmons (2005), which ultimately declared the execution of individuals for crimes committed under the age of eighteen to be unconstitutional.
- Quote paper
- Jacqueline Herrmann (Author), 2007, The History of the Death Penalty in the United States, Munich, GRIN Verlag, https://www.grin.com/document/86898
