At least since 1972, when the Supreme Court declared that the capital
punishment (death penalty) statutes across the states were
unconstitutional as applied, the debate around the use of Capital
Punishment and due process has continued. Controversy regarding the
utilization of capital punishment usually raises its voice when an
execution is about to happen. Thus far, the Supreme Court has never
declared the use capital punishment to be unconstitutional. Challenges
by defense attorneys will undoubtedly continue.
Take a position regarding whether or not the capital punishment
should be declared prohibited by way of a Constitutional Amendment.
In your discussion consider:
- How many states have capital punishment and how many do not.
- Who should make the ultimate decision on applying capital
punishment in a particular case? (Judge – Jury – and if the Jury, does
it have to be unanimous?) - How do you convince the general population to support your position
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