1
Recent Legal History of the Death Penalty in America
American capital punishment goes to court
Join the Discussion
Anti-Death Penalty
"The Death penalty is an
abdication by a society's
members to deal effectively
with its criminals. The
punitive taking of life based
on a democratic, moral
consensus does not change
the past nor facilitate or
motivate the living to reduce
their criminal activities"
MORFUSS
Click to Read/Reply
Pro-Death Penalty
"capital punishment is not a
deterrent. It is a FITTING
PUNISHMENT."
FERNOTE
Click to Read/Reply
More Resources
• US Execution Statistics
2000
• McVeigh Execution: Garza
Next?
• Most Wanted & Missing
Lists
• Crime and Justice
Statistics
• Jobs - Federal
• Jobs - State
• Homework Helper
• Money for a Small
Business
• Government Aid & Money
– No Grant Needed
• U.S. Government Grant
Information Sources
• Finding Unclaimed Money
• Are You Eligible for Federal
Aid?
• Patents, Copyrights and
Trademarks
• More Money & Financial
2
Resources
From Other Guides
• Mumia's Death
Sentence Thrown Out
• Racial Bias in Death
Penalty
• Color Coordinated Death
Row
• Death Penalty on Trial
• Death Penalty Issues for
Life Activists
• Death Penalty Statistics
Elsewhere on the Web
• Detailed History of the
Death Penalty - Death
Penalty Information Center
• US Death Penalty Law
Materials (Cornell)
• Bureau of Justice Statistics
• Crime Statistics
Publications
• Crime Trends at a Glance
About Poll
Is the death
penalty a valid
deterrent to
violent crime?
Yes
No
Undecided
Submit Vote
3
According to data collected by the Federal Government, from
Current Results
1930 to 2000, 4,542 persons were executed under civil
(non-military) authority. During the ten-year period from 1967-1977, however,
punitive death took a holiday as a voluntary moratorium and the U.S. Supreme Court
brought a temporary halt to executions.
Voluntary Moratorium: 1967-1972
While all but 10 states allowed the death penalty in the late 1960s and an average of
130 executions per year were being carried out, public opinion turned against the
death penalty. Several other nations had dropped the death penalty by the early
1960s and legal authorities in the U.S. were starting to question whether or not
executions represented "cruel and unusual punishments" under the Eighth
Amendment. Public support for the death penalty reached its lowest point in 1966,
when a Gallup poll showed only 42 percent of Americans approved of the practice.
Between 1967 and 1972, the U.S. observed what amounted to a voluntary
moratorium on executions as the Supreme Court wrestled with the issue. In several
cases not directly testing its constitutionality, the Supreme Court modified the
application and administration of the death penalty. The most significant of these
cases dealt with juries in capital cases. In a 1971 case, the Supreme Court upheld
the unrestricted right of juries to both determine guilt or innocence of the accused
and to impose the death penalty in a single trial.
Supreme Court Overturns Most Death Penalty Laws
In the 1972 case of Furman v. Georgia, 408 U.S. 153 (1972), the Supreme Court
issued a 5-4 decision effectively striking down most federal and state death penalty
laws finding them "arbitrary and capricious." The court held that the death penalty
laws, as written, violated the "cruel and unusual punishment" provision of the Eighth
Amendment and the due process guarantees of the Fourteenth Amendment.
As a result of Furman v. Georgia, more than 600 prisoners who had been sentenced
to death between 1967 and 1972 had their death sentences lifted.
Supreme Court Upholds New Death Penalty Laws
The Supreme Court's decision in Furman v. Georgia did not rule the death penalty
itself to be unconstitutional, only the specific laws by which it was applied. Thus, the
states quickly began to write new death penalty laws designed to comply with the
court's ruling.
The first of the new death penalty laws created by the states of Texas, Florida and
Georgia gave the courts wider discretion in applying the death penalty for specific
crimes and provided for the current "bifurcated" trial system, in which a first trial
determines guilt or innocence and a second trial determines punishment. The Texas
and Georgia laws allowed the jury to decide punishment, while Florida's law left the
punishment up to the trial judge.
In five related cases, the Supreme Court upheld various aspects of the new death
penalty laws. These cases were:
4





Gregg v. Georgia, 428 U.S. 153 (1976)
Jurek v. Texas, 428 U.S. 262 (1976)
Proffitt v. Florida, 428 U.S. 242 (1976)
Woodson v. North Carolina, 428 U.S. 280 (1976)
Roberts v. Louisiana, 428 U.S. 325 (1976)
As a result of these decisions, 21 states threw out their old mandatory death penalty
laws and hundreds of death row prisoners had their sentences changed to life in
prison.
Executions Resume
On January 17, 1977, convicted murderer Gary Gilmore told a Utah firing squad,
"Let's do it." and became the first prisoner since 1976 executed under the new death
penalty laws. A total of 85 prisoners - 83 men and two women - in 14 U.S. states
were executed during 2000.
Current Status of Death Penalty
As of January 1998, 38 states and the federal government have death penalty laws
in effect. As of 2000, the following states did not have death penalty laws: Alaska,
District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota,
North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin.
• Detailed statistics on executions and capital punishment can be found on the
Bureau of Justice Statistics Web site: http://www.ojp.usdoj.gov/bjs/pubalp2.htm#C
Subscribe to the Newsletter
Name
Email
subscribe
Related Articles





Death Penalty (Capital Punishment) in the United States - Pros and Cons of ...
Supreme Court to Decide Juvenile Death Penalty Case
Supreme Court Strikes Down Juvenile Death Penalty
Death Penalty for Juveniles
Pros & Cons of the Death Penalty and Capital Punishment
Guide since 1997
Robert Longley
US Government Info Guide
5



Sign up for my Newsletter
My Blog
My Forum
Sponsored Links
Free Government GrantsFree Government Grants for 2009 Billions Available. Never
Repay!Government_Grant.GrantKit.org
US Grants - Warning• Warning! Applying for a Grant? • Don't Apply. Read This
Warning.www.TheGrantReview.org
Online History DegreeEarn a history degree through online courses. Learn how &
apply.www.APUS.edu/History
Imminent Domain LawyersPossible Condemnation or Relocation of Your Property or
Business? Call!www.FightEminentDomain.com
Apply for a US GrantGet Up to $250,000 in Grant Money. We Show You How. Free
Guide!www.Grants2008.com
Free US Government Info Newsletter!
Enter email ad
Sign Up
Sponsored Links
$12,000 Stimulus ChecksI Got a $12,000 Stimulus Check in Less Than 7 Days. Get
Yours!www.JeffsGrantsBlog.com
Govt Grant ApplicationsGet Access to 1000's of grant apps Start applying now, don't
waitwww.USAGrantApplications.org
Siemens Official WebsiteAnswers for Industry, Healthcare and the Environment from
Siemensusa.siemens.com
Advertisement
Government Ads
Supreme Court Cases 3 Branches of Government AP Government Comparative AP Executive
AP State Elections
Explore US Government Info
Must Reads





Obama Builds a Cabinet
Top 10 Federal Benefit Programs
Money to Start a Small Business
Government Sales and Auctions
Salaries of U.S. Congress Members
Most Popular
2008 Tax Rebate ChecksState Small Business GrantsSample INS Citizenship QuestionsQuestions
and Answers for New Naturalization TestFederal Government Grants - No Free Lunch
6
See More About:



death penalty
history of death penalty in america
supreme court and the death penalty
By Category








Government Jobs
Business and Money
Rights and Freedoms
Auction and Sales
Consumer Awareness
Census and Statistics
U.S. Congress
The President and Cabinet







U.S. Court System
Defense and Security
Historic Documents
The Political System
Older Americans
Healthcare
Technology and Research
More from About.com
Make Meals Easy

An easy way to put delicious meals together.
48 Hours in Vegas

Win a weekend getaway in Sin City!
Parenting Tips

Keep kids involved and help them succeed.
Financial Planning

Stay on top with our smart financial tips.
Browse All About.com
US Government Info
1.
2.
Home
News & Issues
7
3.
US Government Info


Most Popular
Latest Articles
Add to:



iGoogle
My Yahoo!
RSS







Advertising Info
News & Events
Work at About
SiteMap
All Topics
Reprints
Help




User Agreement
Ethics Policy
Patent Info.
Privacy Policy


Our Story
Be a Guide
©2009 About.com, a part of The New York Times Company.
All rights reserved.