As learned in the module readings, capital punishment has been a legal sanction which can trace its origins to the Code of Hammurabi in 1700 BC. There have been several legal challenges resulting in several landmark court decisions over the years upholding the constitutionality of the death penalty. In the last three years, two states have abolished the death penalty. Race, socioeconomic status, quality of representation, etc. have been factors in arguing abolition of the death penalty as minorities and persons of low socioeconomic status are disproportionately sentenced to death. In turn, many capital appeals cite the quality of counsel in an attempt to receive a new trial or have a conviction (or death sentence) overturned. Despite the fact that the United States Supreme Court has upheld the constitutionality of the death penalty, many states have abolished capital punishment. Consider the constitutionality of capital punishment and respond to the following:
Indicate whether South Carolina has the death penalty. If yes, how many persons are currently on death row in South Carolina? If no, when was it abolished? If abolished, what were some of the social and legal factors which led to its abolition?
What is the current or recent debate on the death penalty in South Carolina? What are the legal, political, and moral arguments surrounding the same?
Select at least two U.S. Supreme Court cases involving the death penalty and the question of the constitutionality of the death penalty for various populations, such as juveniles, mentally ill persons, or the method of execution. Briefly summarize the decisions in the cases you select.
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