List of United States Supreme Court opinions involving capital punishment

The U.S. Supreme Court has issued numerous rulings on the use of capital punishment (the death penalty). While some rulings applied very narrowly, perhaps to only one individual, other cases have had great influence over wide areas of procedure, eligible crimes, acceptable evidence and method of execution.

Eighth Amendment

Method of execution

  • Wilkerson v. Utah, 99 U.S. 130 (1879) – Firing squad is constitutional.
  • In re Kemmler, 136 U.S. 436 (1890) – Electrocution is constitutional.
  • Stewart v. LaGrand, 526 U.S. 115 (1999)
  • Nelson v. Campbell, 541 U.S. 637 (2004)
  • Hill v. McDonough, 547 U.S. 573 (2006) – Challenging constitutionality of the execution method is a §1983 lawsuit, not a habeas corpus petition, and thus not subject to the procedural bar on successive petitions.
  • Baze v. Rees, 553 U.S. 35 (2008) – Kentucky's lethal injection method using sodium thiopental is constitutional.
  • Glossip v. Gross, 576 U.S. 863 (2015) – To be unconstitutional, a method of execution must involve any risk of harm which is substantial when compared to a known and available alternative method. The condemned has the burden of proof.
  • Bucklew v. Precythe, No. 17-8151, 587 U.S. ___ (2019) – Baze v. Rees and Glossip v. Gross govern all Eighth Amendment challenges alleging that a method of execution inflicts unconstitutionally cruel pain. A method is unconstitutional only when it "superadds pain well beyond what's needed to effectuate a death sentence."
  • Barr v. Lee, No. 20A8, 591 U.S. ___ (2020)
  • Nance v. Ward, No. 21-439, 597 U.S. ___ (2022)

Specific crimes

  • Coker v. Georgia, 433 U.S. 584 (1977) – The death penalty is unconstitutional for rape of an adult woman when the victim is not killed.
  • Enmund v. Florida, 458 U.S. 782 (1982) – The death penalty is unconstitutional for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill.
  • Tison v. Arizona, 481 U.S. 137 (1987) – Death penalty may be imposed on a felony-murder defendant who was a major participant in the underlying felony and exhibits extreme indifference to human life.
  • Sumner v. Shuman, 483 U.S. 66 (1987) – Mandatory death penalty for a prison inmate who is convicted of murder while serving a life sentence without possibility of parole is unconstitutional.
  • Kennedy v. Louisiana, 554 U.S. 407 (2008) – The death penalty is unconstitutional for child rape and other non-homicidal crimes against the person.

Age

Intellectual disability

Trial procedure (conviction)

Trial procedure (sentencing)

Other

Fifth Amendment

Double jeopardy

Sixth Amendment

Trial procedure (sentencing)

  • Witherspoon v. Illinois, 391 U.S. 510 (1968)
  • Davis v. Georgia, 429 U.S. 122 (1976)
  • Adams v. Texas, 448 U.S. 38 (1980)
  • Spaziano v. Florida, 468 U.S. 447 (1984)
  • Lockhart v. McCree, 476 U.S. 162 (1986)
  • Gray v. Mississippi, 481 U.S. 648 (1987)
  • Ross v. Oklahoma, 487 U.S. 81 (1988)
  • Hillwin v. Florida, 490 U.S. 638 (1989)
  • Clemons v. Mississippi, 494 U.S. 738 (1990)
  • Walton v. Arizona, 497 U.S. 639 (1990)
  • Ring v. Arizona, 536 U.S. 584 (2002) – A death sentence where the necessary aggravating factors are determined by a judge violates a defendant's constitutional right to a trial by jury, as the jury should determine if there are such factors sufficient to allow the death penalty.
  • Hurst v. Florida, No. 14-7505, 577 U.S. ___ (2016) – Florida law giving judges the power to decide facts related to sentencing violates the Sixth Amendment in light of Ring, which requires a jury to determine if there are aggravating factors making the crime punishable by death.

Other

Fourteenth Amendment

Due Process

Exculpatory evidence

Equal Protection

Habeas corpus

Summary reversal and vacatur

International law

Miscellaneous

Chronological listing

See also

References

  • History of the Death Penalty, University of Alaska Anchorage, Justice Center
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