1. Death Penalty Constitutional Questions

2. Constitutional?  Can the death penalty be mandated for certain crimes?

3. Constitutional?  No, that’s unconstitutional. Woodson v. North Carolina (1976)

4. Constitutional?  Can the death penalty be used as a punishment for rape?

5. Constitutional?  No, it was ruled “disproportionate to the crime.” 20 prisoners were released. Coker v. Georgia (1977)

6. Constitutional?  What if it is the rape of a child?

7. Constitutional?  No, still unconstitutional. Kennedy v. Louisiana (2008)*

8. Constitutional?  Do states have to treat comparable cases the same way?

9. Constitutional?  No, there is no requirement for “comparability review.” Pulley v. Harris (1984)

10. Constitutional?  Can a state execute a person who is insane?

11. Constitutional?  No, that is “cruel and unusual.” Ford v. Wainwright (1986)

12. Constitutional?  Can youths under 16 be sentenced to death?

13. Constitutional?  No. Thompson v. Oklahoma (1988)

14. Constitutional?  Can a state execute a person who is mentally retarded?

15. Constitutional?  This is NOT categorically unconstitutional. Penry v. Lynaugh (1989)*

16. Constitutional?  Is new proof of innocence grounds for an appeal?

17. Constitutional?  No. “Few rulings would be more disruptive… than to provide for federal habeas review of freestanding claims of actual innocence.” Herrera v. Collins (1993)

18. Constitutional?  Can a state exclude all blacks from the jury in a death penalty case?

19. Constitutional?  It was unconstitutional to use peremptory challenges to remove all blacks from a jury. Snyder v. Louisiana (2008)*

20. Constitutional?  How much is too much pain in an execution?

21. Constitutional?  Lethal injection was upheld as not “cruel and unusual.” Baze v. Rees (2008)