The Need for Uniform Standards in Death Penalty Cases 1 – Tinkering with the Machinery of Death

Currently, not only the federal government but a majority of states provide for capital punishment (the death penalty) in certain crimes. There are those that argue that true fairness in this country would be an all-or-nothing approach: either every state in the union should impose capital punishment or no state should. Otherwise, two individuals convicted for the same crime may not face the same punishment – death — depending upon which side of a state boundary they sit. From this perspective, imposition of a true uniform standard in death penalty cases would be to abolish capital punishment in this country. However valid one may find this argument to be, federalism and the United States Supreme Court allow for this incongruity today. Given this reality, perhaps the more critical question we can ask right now is what standards are being imposed within those jurisdictions that allow the government to kill people as punishment for crimes. Are there uniform standards in the imposition of the death penalty? Arbitrary and Unguided Imposition of Death Forbidden by Furman v. Georgia In 1972, the United States Supreme Court found both the capital punishment laws of Texas and Georgia (and indirectly, every other death penalty statute in the country) unconstitutional because they were allowing arbitrary, unguided imposition of death sentences. Furman v. Georgia, 408 U.S. 238 (1972) was a per curiam opinion with all nine justices writing either concurrences (Douglas, Brennan, Stewart, White, Marshall) or dissents (Burger, Blackmun, Powell, Rehnquist) — and the case effectively halted capital punishment in this country for a significant period of time. Over thirty state legislatures were forced to enact new death penalty statutes -which then had to undergo judicial scrutiny (e.g., Gregg v. Georgia, 428 U.S. 153 (1976)). What was the power of Furman? According to this decision, a death sentence in this country cannot be imposed unless the sentencing authority finds at least one statutory aggravating factor and then weighs that aggravating factor against mitigating factors provided by the defense. Before death can be the punishment, the penalty must be based upon a consideration of both the circumstances of the case and the character of the defendant – all shown in a “specific and detailed” way to those responsible for sentencing the individual. Post-Furman Death Penalty Statutes In Gregg, the High Court found the newly enacted Georgia death penalty statute...