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What is the current US Supreme Court position towards the death penalty?
Wiki User
∙ 14y ago
The US Supreme Court disallows the use of capital punishment, as a violation of the Eighth Amendment prohibition against cruel and unusual punishment, on anyone who committed the offense while under age 18, or is intellectually challenged (below a certain IQ), or is not found guilty of capital murder under state sentencing guidelines. The Court overturned statutes that allowed defendants to receive the death penalty for rape alone. Sentencing guidelines must be clear and not allow arbitrariness.
Currently, the Supreme Court allows individual states to pass their own statutes or state constitutional amendments on capital punishment, provided they conform to the requirements of the US Constitution.
As of March 2010, 15 states and the District of Columbia have abolished capital punishment; 35 states still have statutes allowing the death penalty, but the rate of application varies from state to state.
For more information, see Related Questions, below.
Wiki User
∙ 14y ago
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