•  
  •  
 
University of Baltimore Law Review

Authors

Abstract

There is a compelling need to review the Supreme Court's position regarding capital punishment, in light of a growing national trend in the courts, as well as the state legislatures, away from the death penalty as an acceptable mode of punishment for the convicted felon. Five crucial issues are recognizable: First, has the Supreme Court by prolonged implication of silence recognized that capital punishment is not violative of the eighth amendment prohibition against cruel and unusual punishment? Second, why has the Supreme Court remained silent during this period while a growing number of cases have been appealed in those states where capital punishment is the established law? Third, what of the hundreds ofcondemned felons who hope for Supreme Court review of the issue of wbetber the death penalty is cruel and unusualpunishment? Fourth, what will be the implications of the congressional review which is currently taking place? Fifth, can the legislatures of the various states formulate law utilizing the punis hment of death, in possible direct contravention to therights of the individual as guaranteed by the Constitution?

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.