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The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Is the Supreme Court going to reconsider the constitutionality of the death penalty?

J.D. Lloyd - Friday, January 15, 2016
A death-row Pennsylvania defendant has asked the United States Supreme Court to reconsider the constitutionality of the death penalty. Relying upon the Eighth Amendment’s ban on “cruel and unusual punishment,” Shonda Walter contends that the time has come for the Court to end the practice once and for all.
Ms. Walter makes two arguments in petition asking the Supreme Court for review. First, she argues our standards of decency have evolved to a point where the death penalty is no longer “constitutionally sustainable.” Her petition cites the declining frequency in which the death penalty is imposed, the declining number of states where the death penalty is actually carried out, and the growing international consensus against the death penalty.
Second, Ms. Walter argues the legal framework surrounding the imposition of the death penalty is broken. Specifically, she contends that since the death penalty was reinstated almost 40 years ago, our laws have failed to ensure a system that’s reliable, consistent, not-arbitrary and “equally just.”
We could hear very soon whether the Supreme Court is going to revisit whether it’s time to do away with the death penalty in the United States. It only takes four justices to agree to hear a case. Just last term, Justice Stephen Breyer argued in decision that the Court should consider the constitutionality once again.
For anyone interested in this battle, I'd highly encourage you to read Ms. Walter's petition by clicking HERE.

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