Death Penalty
Interrelated issues: (1) the constitutionality of death penalty statutes, (2) what crimes are capital, (3) mitigating circumstances, (4) aggravating circumstances, (5) the appellate process, (6) capital juries, (7) who may or may not be executed, (8) assistance of counsel, and (9) other procedural issues.
Choose one of these areas and analyze all the pertinent cases (including some not reviewed in the textbook). Document changes in the views of the Court as they relate to the issue you chose. How did these rulings affect the process of capital punishment?
Sample Solution
Early Supreme Court Cases on Capital Juries
The Supreme Court first addressed the issue of capital juries in the case of Witherspoon v. Illinois (1968). In Witherspoon, the Court held that it is unconstitutional to exclude jurors for cause simply because they have expressed general conscientious objections to the death penalty. The Court reasoned that excluding such jurors would violate the defendant's right to a fair trial by a representative jury.