Furman v. Georgia, 408 U.S. 238 (1972), was a criminal case in which the United States Supreme Court invalidated all death penalty schemes in the United States in a 5–4 decision, with each member of the majority writing a separate opinion. Following Furman, in order to reinstate the death penalty, states had to at least remove arbitrary and discriminatory effects in order to satisfy the Eighth Amendment to the United States Constitution.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. Referred to by a leading scholar as the July 2 Cases and elsewhere referred to by the lead case Gregg, the Supreme Court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia 408 U.S. 238 (1972).
Capital murder was a statutory offence of aggravated murder in Great Britain, and Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. In some parts of the U.S., this term still defines certain acts of murder as a murder that makes the perpetrator eligible for the death penalty. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder.
McCleskey v. Kemp, 481 U.S. 279 (1987), is a United States Supreme Court case, in which the death penalty sentencing of Warren McCleskey for armed robbery and murder was upheld. The Court said the "racially disproportionate impact" in the Georgia death penalty indicated by a comprehensive scientific study was not enough to mitigate a death penalty determination without showing a "racially discriminatory purpose." McCleskey has been described as the “most far-reaching post-Gregg challenge to capital sentencing.”
Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the United States Constitution. A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve homicide or crimes against the State.
Enmund v. Florida, 458 U.S. 782 (1982), is a United States Supreme Court case. It was a 5–4 decision in which the United States Supreme Court applied its capital proportionality principle, to set aside the death penalty for the driver of a getaway car, in a robbery-murder of an elderly Florida couple.
Walton v. Arizona, 497 U.S. 639 (1990), was a United States Supreme Court case that upheld two important aspects of the capital sentencing scheme in Arizona — judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved" — as not unconstitutionally vague. The Court overruled the first of these holdings in Ring v. Arizona, 536 U.S. 584 (2002). The second of these holdings has yet to be overturned.
Stanford v. Kentucky, 492 U.S. 361 (1989), was a United States Supreme Court case that sanctioned the imposition of the death penalty on offenders who were at least 16 years of age at the time of the crime. This decision came one year after Thompson v. Oklahoma, in which the Court had held that a 15-year-old offender could not be executed because to do so would constitute cruel and unusual punishment. In 2003, the Governor of Kentucky Paul E. Patton commuted the death sentence of Kevin Stanford, an action followed by the Supreme Court two years later in Roper v. Simmons overruling Stanford and holding that all juvenile offenders are exempt from the death penalty.
Whitus v. Georgia, 385 U.S. 545 (1967), found in favor of the petitioner (Whitus), who had been convicted for murder, and as such reversed their convictions. This was due to the Georgia jury selection policies, in which it was alleged racial discrimination had occurred.
In criminal law, a mitigating factor, also known as extenuating circumstances, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, it cannot lead to the acquittal of the defendant. The opposite of a mitigating factor is an aggravating factor.
Kennedy v. Louisiana, 554 U.S. 407 (2008), is a landmark decision by the Supreme Court of the United States that held that the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits imposing the death penalty for the rape of a child in cases where the victim did not die and death was not intended.
In the United States, sentencing law varies by jurisdiction. Since the US Constitution is the supreme law of the land, all sentences in the US must conform to the requirements of the Constitution, which sets basic mandates while leaving the bulk of policy-making up to the states.
Lowenfield v. Phelps, 484 U.S. 231 (1988), is a United States Supreme Court case in which the Court held that the two jury polls and the supplemental charge did not impermissibly coerce the jury to return a death sentence, and that the death sentence does not violate the Eighth Amendment simply because the single statutory "aggravating circumstance" found by the jury duplicates an element of the underlying offense of first-degree murder.
Spaziano v. Florida was two United States Supreme Court cases dealing with the imposition of the death penalty. In the first case, 454 U.S. 1037 (1981), the Supreme Court, with two dissents, refused Spaziano's petition for certiorari. However, the Florida Supreme Court would reverse Spaziano's death sentence based on the judge's receipt of a confidential report which was not received by either party. On remand, the judge reimposed the death penalty and the Florida Supreme Court upheld the sentence. In the second case, 468 U.S. 447 (1984), the Court heard Spaziano's appeal of his death sentence.
Hanging has been practiced legally in the United States of America from before the nation's birth, up to 1972 when the United States Supreme Court found capital punishment to be in violation of the Eighth Amendment to the United States Constitution. Four years later, the Supreme Court overturned its previous ruling, and in 1976, capital punishment was again legalized in the United States. As of 2021, three states have laws that specify hanging as an available secondary method of execution.
The United States Constitution contains several provisions related to criminal sentencing.
Dawson v. Delaware, 503 U.S. 159 (1992), was a United States Supreme Court decision that ruled that a person's rights of association and due process, as granted under the First Amendment and Fourteenth Amendment of the United States Constitution, cannot be infringed upon if such an association has no bearing on the case at hand.
Skipper v. South Carolina, 476 U.S. 1 (1986), is a United States Supreme Court case in which the Court held that the rule from Lockett v. Ohio (1978) dictated that mitigating evidence not be subject to limitations based on relevance.
Hurst v. Florida, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court, in an 8–1 ruling, applied the rule of Ring v. Arizona to the Florida capital sentencing scheme, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. In Florida, under a 2013 statute, the jury made recommendations but the judge decided the facts.
Lockhart v. Fretwell, 506 U.S. 364 (1993), is a decision of the United States Supreme Court which held that failure to make an objection under Collins v. Lockhart did not constitute undue prejudice required by Strickland v. Washington, because the error did not cause a fundamentally unfair trial, as opposed to merely a different outcome of the case.
